St Paul’s Anglican Grammar School Pty Ltd T/A St Paul’s Anglican Grammar School

[2014] FWCA 2861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Paul’s Anglican Grammar School Pty Ltd T/A St Paul’s Anglican Grammar School
(AG2014/801)

ST PAUL’S ANGLICAN GRAMMAR SCHOOL AGREEMENT 2014-2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 2 MAY 2014

Application for approval of the St Paul’s Anglican Grammar School Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the St Paul’s Anglican Grammar School Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Paul’s Anglican Grammar School Pty Ltd t/a St Paul’s Anglican Grammar School. The agreement is a single enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2014. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Paul’s Anglican Grammar School Pty Ltd T/A St Paul’s Anglican Grammar School applied for the approval of an industrial agreement that was reached with the school’s teachers. The application was made to the Fair Work Commission under section 233 of the Fair Work Act 2009. The application for approval came before Deputy President Mortimer. The legal issues before the Deputy President were whether the agreement contained the required minimum terms, and whether it was made in good faith and in the spirit of cooperative behaviour. The school argued that the agreement was made in good faith and contained all the required minimum terms. The teachers argued that the agreement was not made in good faith and did not contain all the required minimum terms.

The Deputy President found that the agreement was made in good faith and contained all the required minimum terms. In making this finding, the Deputy President noted that the agreement contained a large number of terms, and that the teachers had been given a significant period of time to review the agreement before it was signed. The Deputy President further noted that the teachers had not raised any concerns about the agreement, and had not suggested that it was not made in good faith. The Deputy President therefore approved the agreement under section 233 of the Fair Work Act 2009. The school’s application was therefore successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established