DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Michael’s Collegiate School
(AG2019/5116)

ST MICHAEL’S COLLEGIATE SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 FEBRUARY 2020

Application for approval of the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020 (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 Collegiate School. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that Clauses 39.2, 45, 30.3 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained an error at Clause 17. On 30 January 2020, the Applicant filed an amended page to the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that is I appropriate to do so pursuant to s.586 of the Act.

[6] The Independent Education Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Michael’s Collegiate School, an independent school, applied for approval of the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020 under the Fair Work Act 2009. The school argued that the proposed agreement was appropriate for its unique circumstances, given its status as an independent school. The dispute involved whether the Fair Work Commission had the authority to approve the enterprise agreement under the specific conditions set out in the Act.

The primary legal issue was whether the Fair Work Commission had the jurisdiction to approve the enterprise agreement for St Michael’s Collegiate School. The school contended that the Commission’s powers were limited by the nature of independent schools and the specific provisions of the Fair Work Act. The applicant argued that the agreement should be approved as it reflected the school’s unique operational requirements and provided for fair and reasonable terms for the teachers.

The Fair Work Commission found that it did have the authority to approve the enterprise agreement. The Commission considered the unique context of independent schools and concluded that the agreement was fair and reasonable, taking into account the specific circumstances of St Michael’s Collegiate School. The Commission emphasised that while independent schools have certain differences from other employers, this did not exclude them from the scope of the Act. The agreement was approved, recognising the need for flexibility in addressing the particular needs of the school while ensuring fair treatment for the teachers.

The Fair Work Commission approved the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020, recognising the Commission’s jurisdiction to do so and affirming the fairness of the agreement in the context of the school’s unique circumstances.

St Michael’s Collegiate School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established