St Margaret's School

[2014] FWCA 6267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Margaret's School
(AG2014/8773)

ST MARGARET'S SCHOOL ENTERPRISE AGREEMENT 2014 - 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2014

Application for approval of the St Margaret's School Enterprise Agreement 2014-2017

[1] An application has been made for approval of a single-enterprise agreement known as the St Margaret's School Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Margaret’s School (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Independent Education Union of Australia (the Union), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the Union. In accordance with s.201(2) of the Act I note that the Agreement covers the Union.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

ANNEXURE A

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CaseChat Overview and Summary

The applicants, St Margaret's School, sought approval of an enterprise agreement from 2014 to 2017. The application was lodged in the Fair Work Commission (FWC) as the respondent, and the decision was delivered by Deputy President J G Richardson. The primary issue before the FWC was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections 233 and 234, which govern the approval process for such agreements.

The applicants argued that the agreement was fair and reasonable, while the FWC needed to assess whether the agreement provided for minimum terms and conditions, including pay rates, penalty rates, and hours of work, and whether it contained any unfair provisions. The FWC examined the content of the agreement and the submissions made by both parties. It considered the impact of the agreement on employees and the overall fairness of the terms and conditions.

After evaluating the evidence and submissions, Deputy President Richardson determined that the agreement was fair and reasonable. The FWC approved the enterprise agreement, finding that it complied with the relevant provisions of the Fair Work Act. The Deputy President concluded that the agreement provided for minimum terms and conditions and did not contain any unfair provisions. The decision was made in the best interests of the employees and the school.

The FWC approved the St Margaret's School Enterprise Agreement 2014-2017, finding it fair and reasonable. The agreement was approved on the basis that it complied with the Fair Work Act and provided for minimum terms and conditions without containing any unfair provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established