DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Michael’s Collegiate School
(AG2014/10146)

ST MICHAEL’S COLLEGIATE SCHOOL (GENERAL AND CHILDCARE STAFF) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2014

Application for approval of the St Michael’s Collegiate School (General and Childcare Staff) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Michael's Collegiate School (General and Childcare Staff) Enterprise Agreement 2014 (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] United Voice 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.

[4] The Agreement was approved on 22 December 2014 and, in accordance with s.54, will operate from 31 December 2014. The nominal expiry date of the Agreement is
29 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved St Michael’s Collegiate School, a private independent school, and its staff represented by the Independent Education Union of Australia. The dispute centred around the approval of the St Michael’s Collegiate School (General and Childcare Staff) Enterprise Agreement 2014. The matter was heard by the Fair Work Commission (FWC). The FWC was tasked with determining whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from prohibited content.

The primary legal issue was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. This involved a detailed examination of the agreement’s provisions to ensure they met the standards of fairness and reasonableness. The FWC also had to consider whether any of the terms contravened the Act by including prohibited content, such as provisions that would undermine the operation of the Act or the rights of employees.

In its decision, the FWC found that the enterprise agreement generally provided for fair and reasonable terms and conditions of employment. The Commission noted that while some provisions were slightly below the minimum entitlements provided by the relevant awards, they were considered fair and reasonable in the context of the specific workplace. The FWC also determined that the agreement did not contain any prohibited content. As a result, the FWC approved the enterprise agreement, finding it met the necessary criteria under the Act.

The FWC's final order was the approval of the St Michael’s Collegiate School (General and Childcare Staff) Enterprise Agreement 2014, subject to the terms and conditions outlined in the decision. The approval ensures that the agreement will govern the employment conditions of the staff covered by the agreement, providing a framework for their terms and conditions of employment.

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