DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Michael's Collegiate School
(AG2017/5684)

ST MICHAEL'S COLLEGIATE SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2018

Application for approval of the St Michael's Collegiate School (Teachers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Michael’s Collegiate School (Teachers) 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 Collegiate 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] 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 21 March 2018. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St Michael's Collegiate School, sought approval of the St Michael's Collegiate School (Teachers) Enterprise Agreement 2017, which was to govern the employment conditions of the teachers at the school. The school's application was heard in the Fair Work Commission by Deputy President D. A. Madgwick, who was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement was consistent with the provisions of the Act, specifically if it contained the necessary 'protected action' provisions and if the agreement was made in good faith and without coercion. Additionally, the court had to consider whether the agreement provided adequate protections for the teachers and whether it complied with the 'better off overall test', ensuring that the teachers would not be worse off under the new agreement.

In delivering his decision, Deputy President Madgwick noted that the agreement contained the required protected action provisions and that there was no evidence of bad faith or coercion in its creation. The agreement also included provisions that were better for the employees than their previous conditions, satisfying the better off overall test. The Deputy President found that the agreement was made in good faith, without coercion, and that it provided adequate protections for the teachers. As a result, the application was approved.

The final orders of the court were that the St Michael's Collegiate School (Teachers) Enterprise Agreement 2017 be approved as a registered agreement under section 173 of the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would govern the employment conditions of the teachers at the school for the duration specified within the agreement.

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