DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Michael’s College
(AG2016/7341)

ST MICHAEL’S COLLEGE AND EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2017

Application for approval of the St Michael’s College and Early Learning Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Michael’s College and Early Learning Centre 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 Michael’s College. 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] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Michael’s College applied for the approval of the St Michael’s College and Early Learning Centre Enterprise Agreement 2017, which was to be registered by the Fair Work Commission. The Fair Work Commission had already heard and determined the application for approval. The college was represented by counsel, while the employees were represented by the Australian Education Union, Queensland Branch. The Fair Work Commission was required to consider the application for approval of the enterprise agreement under the Fair Work Act 2009, and whether the agreement met the requirements of section 231 of the Act.

The central legal issue before the Fair Work Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "good faith" agreement that balanced the interests of both employers and employees. The Commission also had to consider whether the agreement included provisions for minimum wages, conditions, and entitlements as set out in the National Employment Standards and the relevant awards. Additionally, the Commission examined whether the agreement provided for a fair and efficient process for the resolution of workplace disputes.

In considering the application, the Commission evaluated the evidence provided by both the college and the union. The Commission noted that the agreement contained provisions for minimum wages and conditions, and provided for the resolution of workplace disputes through a conciliation and arbitration process. The Commission also found that the agreement was reached through a process of genuine negotiation between the parties. Based on these findings, the Commission determined that the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The Commission approved the agreement, which was registered on the date of the decision.

The Fair Work Commission approved the St Michael’s College and Early Learning Centre Enterprise Agreement 2017, and registered the agreement on the date of the decision. The agreement now provides the framework for the employment of staff at the college and early learning centre, and sets out the terms and conditions of employment for those staff members.

St Michael’s College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established