DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Mary’s Anglican Girls’ School (Inc) T/A St Mary’s Anglican Girls’ School
(AG2017/4372)

ST MARY’S ANGLICAN GIRLS’ SCHOOL (INC) ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Mary’s Anglican Girls’ School, trading as St Mary’s Anglican Girls’ School, applied for approval of its Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute centred on whether the proposed agreement was in accordance with the requirements of the Fair Work Act 2009 and whether it fairly reflected the working conditions of the school's employees. The legal issues that the court had to address involved examining whether the agreement met the minimum entitlements outlined in the Act, and whether it was consistent with the principles of good faith bargaining.

The court began by analysing the provisions of the proposed agreement against the minimum standards set out in the Fair Work Act 2009. It was determined that the agreement contained terms that complied with these minimum standards, including provisions on wages, hours of work, and other employment conditions. The court also considered the nature of the bargaining process, ensuring that it was conducted in good faith and that the agreement reflected a fair representation of the interests of both the school and its employees. The court found that the agreement had been negotiated fairly and that it was reflective of the genuine needs and concerns of both parties.

In its decision, the court approved the Enterprise Agreement 2018, finding that it met all the necessary legal criteria. The agreement was deemed to be in compliance with the Fair Work Act 2009 and to have been negotiated in good faith. The court was satisfied that the agreement provided for fair and reasonable working conditions for the employees of St Mary’s Anglican Girls’ School. As a result of this decision, the agreement was approved and is now in effect.

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