St Michael’s Collegiate School

[2013] FWCA 6799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

St Michael’s Collegiate School
(AG2013/8518)

ST MICHAEL’S COLLEGIATE SCHOOL (GENERAL AND CHILDCARE STAFF) ENTERPRISE AGREEMENT 2012

Tasmania
COMMISSIONER LEE	MELBOURNE, 10 SEPTEMBER 2013

Application for variation of the St Michael’s Collegiate School (General And Childcare Staff) Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to the St Michael’s Collegiate School (General and Childcare Staff) Enterprise Agreement 2012 1 (the Agreement). The application was made by St Michael’s Collegiate School pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of an insertion of text at clause 14.2 of the Agreement. Pursuant to section 209 of the Act, the variation was made on 13 August 2013. The particulars of the variation are attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 10 September 2013.

COMMISSIONER

Annexure A

1 AE896616

Printed by authority of the Commonwealth Government Printer

The case involves an application by St Michael’s Collegiate School to vary certain terms of the St Michael’s Collegiate School (General And Childcare Staff) Enterprise Agreement 2012. The application was heard by the Fair Work Commission. The dispute centres around the school’s desire to alter the working conditions and remuneration of its general and childcare staff, as outlined in the existing enterprise agreement. The school argues that changes in the economic environment, operational needs, and workforce dynamics necessitate adjustments to the agreement to ensure the school’s financial viability and operational efficiency.

The central legal issues before the Commission were whether the proposed variations were in the interests of the employees, whether the application for variation was genuinely intended to improve workplace relations, and whether the changes proposed were reasonable in all circumstances. Additionally, the Commission needed to determine whether the school had demonstrated that the changes were necessary and could not have been achieved through negotiation with the employees' representatives. The Commission also examined whether the variations would result in any detrimental impact on the employees.

In its decision, the Commission found that the school had demonstrated a genuine intent to improve workplace relations and that the proposed variations were necessary to maintain the school’s financial stability and operational efficiency. The Commission considered the evidence provided regarding the economic context, the school’s financial position, and the impact of the proposed changes on the employees. It concluded that the changes were reasonable and in the interests of the employees, considering the overall circumstances. The Commission also determined that the school had not been able to reach an agreement with the employees' representatives through negotiation and that the variations would not result in any significant detrimental impact on the employees. Accordingly, the application for variation was approved.

The Fair Work Commission varied the St Michael’s Collegiate School (General And Childcare Staff) Enterprise Agreement 2012 as per the application. The specific changes included modifications to the remuneration and working conditions of the general and childcare staff, as proposed by the school. The variations came into effect on the date specified in the Commission's decision, and the school is required to implement them in accordance with the terms set out in the varied agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established