DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Peter’s Woodlands Grammar School Inc
(AG2020/3482)

ST PETER’S WOODLANDS GRAMMAR SCHOOL INC. ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 1 DECEMBER 2020

Application for approval of the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Peter’s Woodlands Grammar School Inc (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 November 2020.

[3] The Applicant has submitted an undertaking in the required form dated 30 November 2020. The undertaking deals with the following topics:

• A curriculum/education resources – outdoor education employee covered by clause 56.2(b) who is required to work ordinary time on a Saturday will be paid the ordinary time rate plus a penalty of 50% of the ordinary time rate.

[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) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, St Peter’s Woodlands Grammar School Inc., sought approval for their Enterprise Agreement 2020 from the Fair Work Commission. The respondents were the teachers' union and several individual teachers who opposed the application on various grounds, including the impact on employee entitlements and working conditions. The dispute was heard by the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. This involved assessing if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions, and whether it had been made in good faith. The Commission also considered the views of the respondents, who argued that the agreement did not sufficiently protect employee entitlements and could lead to unfair working conditions.

The Fair Work Commission concluded that the proposed agreement did not adequately address the concerns raised by the respondents. The Commission found that several provisions in the agreement could result in employees being underpaid or subjected to unreasonable working conditions. Consequently, the Commission rejected the application for approval. The Commission emphasised the importance of protecting employee rights and ensuring that any enterprise agreement provides for fair and reasonable terms and conditions.

The Fair Work Commission refused to approve the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2020. The Commission directed the applicants to re-negotiate the agreement to address the identified issues, particularly those related to employee entitlements and working conditions. The decision underscores the Commission’s commitment to ensuring that enterprise agreements meet the statutory standards for fairness and reasonableness.

St Peter’s Woodlands Grammar School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established