St Michael’s Grammar School T/A St Michael’s Grammar School Summary

[2022] FWCA 335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Michael’s Grammar School T/A St Michael’s Grammar School

(AG2021/8774)

ST MICHAELS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER P RYAN	SYDNEY, 4 FEBRUARY 2022

Application for approval of the St Michael’s Grammar School Enterprise Agreement 2022

St Michaels Grammar School Enterprise Agreement 2022 (Employer) has made an application for approval of an enterprise agreement known as the St Michaels Grammar School Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Section 183

The Independent Education Union of Australia (IEU) 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 IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2022. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of St Michael’s Grammar School T/A St Michael’s Grammar School, the Fair Work Commission was tasked with determining whether to approve the proposed 2022 Enterprise Agreement. The application for approval was brought by the school, which sought to implement the terms and conditions of employment for its staff as outlined in the agreement. The dispute centred on whether the proposed agreement met the necessary criteria under the Fair Work Act 2009, particularly with regard to the protection of employee rights and the fairness of the terms negotiated.

The primary legal issues before the Commission involved whether the agreement provided adequate protection for employees' rights, including minimum wage rates, leave entitlements, and procedural fairness. Additionally, the Commission had to consider whether the agreement complied with the good faith bargaining requirements and whether it provided for a fair and efficient workplace. The school argued that the agreement was the result of genuine negotiations and provided for an efficient and productive workplace, while the opposing party raised concerns about potential impacts on employee rights and procedural fairness.

In delivering its decision, the Fair Work Commission carefully examined the contents of the agreement and the processes that led to its negotiation. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were not disadvantaged. The Commission also concluded that the agreement was the product of good faith bargaining and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the St Michael’s Grammar School Enterprise Agreement 2022, confirming that it met all necessary legislative requirements.

The Commission's final order was to approve the 2022 Enterprise Agreement in its entirety, effective from the date of the decision. This approval allows the school to implement the terms and conditions outlined in the agreement, provided that it continues to comply with the Fair Work Act and any relevant industrial instruments.

St Michael’s Grammar School T/A St Michael’s Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established