DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Mary’s Anglican Girls’ School (Inc) T/A St Mary’s Anglican Girls’ School
(AG2016/7166)

ST MARY’S ANGLICAN GIRLS’ SCHOOL (INC) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2017

Application for approval of the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 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 Mary’s Anglican Girls’ School (Inc) T/A St Mary’s Anglican Girls’ School. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of St Mary’s Anglican Girls’ School (Inc) T/A St Mary’s Anglican Girls’ School, the central issue was the approval of the Enterprise Agreement 2017, which was being sought from the Fair Work Commission. The school, represented by the Anglican Church of Australia, sought the approval of this agreement to govern the employment terms and conditions of its employees. The application was made in response to a dispute involving the school’s employees, who were represented by the Independent Education Union of Australia (Vic Branch).

The primary legal issues before the court involved the validity and fairness of the proposed Enterprise Agreement 2017. These issues encompassed whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it was appropriately negotiated in good faith and free from any undue influence or coercion. The court also had to determine whether the agreement complied with the criteria for fair terms and conditions of employment, and whether it provided a suitable balance of rights and obligations for both the school and its employees.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith and met the statutory requirements for approval. The court considered the submissions from both parties and concluded that the agreement provided for fair and reasonable terms and conditions of employment. The commission emphasised that the agreement included provisions for fair pay, reasonable working hours, and adequate rest periods, which were in line with the principles of the Fair Work Act 2009. The court also noted that the agreement addressed the specific needs of the school and its employees, ensuring that it was both practical and fair.

Following this reasoning, the Fair Work Commission approved the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2017. The approval ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable for the employees of the school. This decision provides clarity and certainty for both the school and its employees, allowing them to operate under a framework that is fair and in compliance with the relevant legislation.

St Mary’s Anglican Girls’ School (Inc) T/A St Mary’s Anglican Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established