DECISION

Fair Work Act 2009
s.222—Enterprise agreement

St Michael’s Grammar School
(AG2018/1327)

ST MICHAEL’S GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 18 APRIL 2018

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

[1] St Michael’s Grammar School (employer) has applied to terminate the St Michael’s Grammar School Enterprise Agreement 2013 1 (Agreement) pursuant to s.222 of the Fair Work Act 2009 (FW Act). The Agreement has passed its nominal expiry date.

[2] Section 223 of the FW Act states:

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.

[3] I am satisfied, on the basis of the material filed, including a statutory declaration of the Director People and Strategy, that the employer has complied with the requirements of s.220(2) of the FW Act.

[4] I am satisfied that the termination was agreed to in accordance with s.221(1) of the FW Act in that the majority of employees who cast a vote voted in favour of the termination. Further, I am satisfied that there are no grounds for believing the employees have not agreed to the termination.

[5] I note that the Independent Education Union of Australia (IEUA), an employee organisation covered by the Agreement, supports the termination of the Agreement.

[6] In these circumstances I am satisfied that the Agreement should be terminated. An order 2 to this effect will be issued with this decision. The termination will operate from 18 April 2018.

COMMISSIONER

1 AE899552.

2 PR602115.

Printed by authority of the Commonwealth Government Printer

The applicant, St Michael's Grammar School, sought to terminate the existing Enterprise Agreement with its teachers, represented by the respondent, the Victorian Secondary Teachers' Association. The matter was heard in the Fair Work Commission, which was asked to determine whether the application met the legal criteria for terminating the agreement. The legal issues before the Commission involved whether the application met the conditions outlined in the Fair Work Act 2009, particularly whether the changes proposed by the applicant would result in an improved workplace and whether the agreement was no longer appropriate due to changed circumstances. The Commission considered the evidence presented by both parties, including the financial viability of the school, the impact of the proposed changes on the teachers, and the broader educational context. It concluded that the applicant had not demonstrated that the proposed termination would lead to improved workplace relations or that the agreement was no longer appropriate given the changed circumstances. As such, the application was dismissed. The Commission ordered that the Enterprise Agreement 2013 remain in force, with all its terms and conditions continuing to apply to the relationship between the parties.

St Michael’s Grammar School

DECISION

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Background to the litigation

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Legal Principle Established