DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Michaels Grammar School
(AG2017/4563)

ST MICHAEL'S GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JANUARY 2018

Application for approval of the St Michael's Grammar School Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Michael’s Grammar School Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Michaels Grammar 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] The Independent Education Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 17 January 2018. The nominal expiry date of the Agreement is 31 January 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved St Michael's Grammar School, an independent Catholic school in Brisbane, and its teaching staff. The school sought approval for its Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 to be certified and approved by the Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement 2018 provided for the mandatory minimum entitlements of employees as required by the Fair Work Act 2009. Additionally, the Commission had to determine whether the agreement was fairly negotiated and met the "better off overall test". This test ensures that employees are no worse off financially and potentially better off overall when compared to their previous conditions of employment.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2018 provided for all mandatory minimum entitlements and was fairly negotiated. The Commission noted that the agreement met the "better off overall test" as it included various benefits and improvements for the employees. Consequently, the Commission approved the agreement and issued a certificate of registration.

The Commission's approval of the Enterprise Agreement 2018 was based on the comprehensive nature of the agreement, which provided for all mandatory entitlements and included provisions for dispute resolution, classification of employees, and other terms and conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and was a fair and reasonable agreement.

St Michaels Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established