DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Collegiate Girls’ School
(AG2017/6268)

ST PETER’S COLLEGIATE GIRLS’ SCHOOL ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 16 MARCH 2018

Application for approval of the St Peter’s Collegiate Girls’ School Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s Collegiate Girls’ School Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Collegiate Girls’ School. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Collegiate Girls’ School, the Fair Work Commission was tasked with deciding whether to approve the proposed 2017 Enterprise Agreement. The school, represented by its management, and the teachers, represented by the Australian Education Union, had reached a negotiated agreement which was now subject to the Commission's scrutiny under the Fair Work Act 2009. The primary issue for the Commission was to assess whether the agreement met the requirements for approval under the legislation, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith.

The Commission considered several factors in making its determination, including the nature of the negotiations between the parties, the extent to which the agreement addressed the needs of both employers and employees, and whether the agreement contained provisions that were fair and reasonable. The school argued that the agreement was comprehensive and took into account the unique educational environment, while the union contended that certain provisions did not adequately protect the interests of the teachers. The Commission carefully weighed these arguments, focusing on the balance of rights and obligations in the agreement, and the implications for the working conditions of the teachers.

Upon thorough consideration of the evidence and submissions, the Commission determined that the Enterprise Agreement was fair and reasonable and reflected a genuine attempt by both parties to reach a negotiated settlement. The agreement was approved, with the Commission noting that while there were areas for improvement, the overall balance of the agreement was appropriate and met the statutory requirements for approval. The decision underscored the importance of good faith negotiations and the role of the Commission in ensuring that enterprise agreements are fair and equitable for all parties involved.

The final orders of the Commission were that the St Peter’s Collegiate Girls’ School Enterprise Agreement 2017 be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would then form the basis of the terms and conditions of employment for the teachers at the school.

St Peter’s Collegiate Girls’ School Inc T/A St Peter’s Collegiate Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established