DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Michael’s Collegiate School
(AG2015/1410)

ST MICHAEL’S COLLEGIATE SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2015

Application for approval of the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement contained a typographical error at clause 14(i). Pursuant to s.586(a) of the Act, the error is corrected in the published Agreement.

[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 was approved on 24 June 2015 and, in accordance with s.54 of the Act, will operate from 1 July 2015. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved St Michael’s Collegiate School and its teachers, who sought approval of the 2015 Enterprise Agreement. The Fair Work Commission was the forum for this dispute. The primary issue before the Commission was whether the proposed enterprise agreement adequately balanced the interests of the teachers with those of the school, ensuring compliance with relevant legislative frameworks and fair work principles.

The Commission examined the agreement's provisions concerning remuneration, working conditions, and dispute resolution mechanisms. A key concern was whether the proposed changes to working hours and conditions were reasonable and did not unfairly disadvantage the teachers. Additionally, the Commission assessed whether the agreement met the statutory requirements under the Fair Work Act 2009, including the need for the agreement to provide for the terms and conditions of employment.

The Commission found that the agreement was fair and reasonable, meeting all statutory requirements. The proposed changes to working hours and conditions were deemed appropriate, and the dispute resolution mechanisms were considered adequate. The Commission approved the agreement, highlighting that it appropriately balanced the interests of both parties and complied with all relevant legal standards.

The Fair Work Commission approved the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2015, effective as of the date of the decision.

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