St Michael’s Grammar School

[2013] FWCA 576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Michael’s Grammar School
(AG2012/14395)

ST MICHAEL’S GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2013

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 24 JANUARY 2013

Application for approval of the St Michael’s Grammar School Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Michael’s Grammar School Enterprise Agreement 2013 (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 Grammar School. The agreement is a single-enterprise agreement.

[2] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2013. The nominal expiry date of the Agreement is 30 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The matter in St Michael’s Grammar School involved an application for the approval of an Enterprise Agreement. The agreement in question was between St Michael’s Grammar School, an independent educational institution, and its teachers, who were represented by the Independent Education Union of Australia. The application was brought before the Fair Work Commission, seeking approval of the St Michael’s Grammar School Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment for the teachers, including matters such as wages, hours of work, leave entitlements, and other employment-related conditions.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained the necessary "minimum terms and conditions" as stipulated by the Act, and whether it complied with the procedural requirements for the approval of enterprise agreements. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it promoted workplace harmony and productivity.

In delivering its decision, the Commission noted that the agreement contained all the minimum terms and conditions required by the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable in all its aspects and that it had been negotiated in good faith. The Commission also determined that the agreement would promote workplace harmony and productivity and was in the best interests of the employees. Given these findings, the Commission approved the St Michael’s Grammar School Enterprise Agreement 2013, making it a legally binding document between the school and its teachers.

The Fair Work Commission approved the St Michael’s Grammar School Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009 and its suitability as a legally binding agreement between the school and its teachers. This decision provides clarity on the terms and conditions of employment for teachers at the school and ensures that the agreement promotes a harmonious and productive workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established