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
(AG2017/6534)

ST PAUL’S ANGLICAN GRAMMAR SCHOOL AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 MAY 2018

Application for approval of the St Paul’s Anglican Grammar School Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Paul’s Anglican Grammar School 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 Paul’s Anglican Grammar School Pty Ltd T/A St Paul’s Anglican 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 16 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves St Paul’s Anglican Grammar School Pty Ltd, trading as St Paul’s Anglican Grammar School, and the Australian Education Union (Vic Branch). The dispute centres on whether the Fair Work Commission should approve the St Paul’s Anglican Grammar School Agreement 2018. The matter was heard in the Federal Court of Australia.

The primary legal issue for the court was to determine if the agreement, as proposed, appropriately balanced the rights and interests of both the employer and the employees. This included assessing whether the agreement complied with the Fair Work Act 2009 and if it met the requirements for an enterprise agreement under the Act. The court also needed to consider whether the agreement was in the best interests of the employees, particularly those who would be covered by the agreement.

The court examined the agreement in detail, considering various factors such as the process through which the agreement was reached, the provisions of the agreement itself, and the impact on the employees. The court found that the agreement was made in good faith and that the process followed was fair. It also concluded that the agreement met the legal requirements and was in the best interests of the employees. The court emphasised that the agreement provided for fair terms and conditions, including provisions for dispute resolution and the protection of employee rights.

As a result, the court approved the St Paul’s Anglican Grammar School Agreement 2018, confirming its validity and effectiveness. The approval signifies that the agreement can now be implemented, ensuring that the terms and conditions set out within it apply to the relevant employees.

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