St Peter’s Collegiate Girls’ School Inc Summary

[2021] FWCA 7167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Peter’s Collegiate Girls’ School Inc
(AG2021/8442)

ST PETER’S COLLEGIATE GIRLS’ SCHOOL ENTERPRISE AGREEMENT 2022

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2021

Application for approval of the St Peter’s Collegiate Girls’ School Enterprise Agreement 2022

[1] St Peter’s Collegiate Girls’ School Inc has made an application for approval of an enterprise agreement known as the St Peter’s Collegiate Girls’ School Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. In respect of the undertaking whereby cross-referencing errors in the Agreement are rectified, I note that it is not the Commission’s role to make editorial changes to the text of an enterprise agreement, however I consider that in the present case the errors could conceivably give rise to a concern as to whether the Agreement passed the better off overall test. The undertaking meets this concern.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia (IEU), 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) and based on its declaration, I note that the Agreement covers the IEU.

[6] The Agreement was approved on 17 December 2021 and, in accordance with s 54, will operate from 24 December 2021. The nominal expiry date of the Agreement is 30 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The case involved St Peter’s Collegiate Girls’ School Inc, a registered school entity, which sought approval for its Enterprise Agreement 2022. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements and was fair and reasonable. The application was made under the Fair Work Act 2009, which governs the regulation of workplace relations in Australia. The legal issues centred on whether the agreement complied with the Act and the relevant regulations, particularly in terms of procedural fairness, coverage, and the protection of employee rights.

The Commission examined the application to ensure that it adhered to the formal requirements of the Act, including the submission of necessary documentation and the correct identification of the parties involved. Additionally, the Commission assessed whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the economic and employment context. The Commission considered submissions from the school and the relevant union, along with any other interested parties, to determine if the agreement adequately protected the rights of employees, including provisions for minimum wages, leave entitlements, and other conditions of employment.

In reaching its decision, the Commission found that the Enterprise Agreement 2022 was procedurally sound and substantively fair. The agreement was comprehensive, covering all relevant employees and addressing key terms and conditions in accordance with the Act. The Commission also noted that the agreement provided adequate safeguards for employee rights, including minimum wages, leave entitlements, and other benefits. Based on these findings, the Commission approved the application and certified the agreement as a registered agreement under the Fair Work Act 2009.

St Peter’s Collegiate Girls’ School Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established