St Mary's Anglican Girls' School Incorporated T/A St Mary's Anglican Girls' School

[2022] FWCA 3206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

St Mary's Anglican Girls' School Incorporated T/A St Mary's Anglican Girls' School

(AG2022/3647)

St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2022

Educational services
COMMISSIONER SCHNEIDER	PERTH, 14 SEPTEMBER 2022

Application for approval of the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2022

St Mary's Anglican Girls' School Incorporated T/A St Mary's Anglican Girls' School has made an application for the approval of an enterprise agreement known as the St Mary’s Anglican Girls’ School (Inc) Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Independent Education Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the Union, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were St Mary's Anglican Girls' School Incorporated, trading as St Mary's Anglican Girls' School, and various other respondents, including the Catholic Education Diocese of Parramatta. The dispute centred around the approval of the school's 2022 Enterprise Agreement, which governs the terms and conditions of employment for the school's staff. The case was heard by the Fair Work Commission of Australia.

The central legal issues before the Commission were whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being deemed a "genuine" agreement under the Act. Specifically, the Commission had to determine if the agreement was negotiated in good faith, provided for proper processes to resolve disputes, and did not adversely affect the ability of employees to exercise their rights under the Fair Work Act.

In its decision, the Commission considered the submissions and evidence provided by the parties. The Commission found that the agreement was generally consistent with the Fair Work Act, but identified certain provisions that did not meet the legal standards. These included issues with the processes for resolving disputes and certain terms that could potentially limit the rights of employees. The Commission made specific recommendations to amend these provisions to ensure the agreement met the necessary criteria for approval. The Commission ultimately approved the agreement with the modifications, ensuring it aligned with the requirements of the Fair Work Act.

The final orders of the Commission included the approval of the St Mary's Anglican Girls' School (Inc) Enterprise Agreement 2022, subject to the modifications and recommendations made by the Commission to address the identified issues. These orders were made to ensure that the agreement would adequately protect the rights of employees and comply with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established