| [2025] FWCA 1414 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Margaret’s School T/A St Margaret’s Berwick Grammar
(AG2025/971)
ST MARGARET’S SCHOOL, TRADING AS ST MARGARET’S BERWICK GRAMMAR AGREEMENT 2025
| Educational services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 30 APRIL 2025 |
Application for approval of the St Margaret’s School, trading as St Margaret’s Berwick Grammar Agreement 2025
An application has been made for approval of an enterprise agreement known as the St Margaret’s School, trading as St Margaret’s Berwick Grammar Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by St Margaret’s School T/A St Margaret’s Berwick Grammar (Employer). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
I observe that clause 19.7 of the Agreement requires the production of a medical certificate or statutory declaration in certain circumstances whereas s 107(3) of the Act requires evidence that would satisfy a reasonable person. Should this give rise to an inconsistency between the Agreement and the NES, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES, noting clause 7.2 of the Agreement.
The Independent Education Union of Australia, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 May 2025. The nominal expiry date of the Agreement is 31 December 2027.
DEPUTY PRESIDENT
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- AGLC
- St Margaret's School T/A St Margaret's Berwick Grammar [2025] FWCA 1414
- Case
- [2025] FWCA 1414
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Agreement 2025 complied with the 'better off overall test' (BOOT) and other relevant statutory provisions. This involved assessing whether the agreement provided employees with terms and conditions that were at least as good as, or better than, those provided by the relevant industrial instrument or general awards. The Commission also considered whether the agreement complied with the 'no disadvantage test', ensuring employees were not worse off due to the agreement. Furthermore, the Commission examined if the agreement contained all the required provisions and if it adhered to procedural requirements, such as proper consultation with employee representatives.
The Fair Work Commission found that the Agreement 2025 met the statutory requirements for approval. It determined that the agreement provided employees with terms and conditions that were at least as good as, or better than, those provided by the relevant industrial instrument or general awards. The Commission was satisfied that the agreement complied with the BOOT and no disadvantage test. It also confirmed that the agreement contained all the necessary provisions and that the consultation process was adequate. Consequently, the Commission approved the Agreement 2025, finding it to be a lawful and fair workplace agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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