DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Peter’s Woodlands Grammar School Inc
(AG2017/5429)

ST PETER’S WOODLANDS GRAMMAR SCHOOL INC. ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2018

Application for approval of the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s Woodlands Grammar School Inc. 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 Woodlands Grammar School Inc. 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 20 March 2018. The nominal expiry date of the Agreement is 13 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

St Peter’s Woodlands Grammar School Inc, an educational institution, was the subject of an application for approval of its Enterprise Agreement 2017. The application was brought before the Fair Work Commission, where the nature of the dispute centred around the terms and conditions of employment for the school's staff as outlined in the proposed agreement. The school sought approval for the agreement under the Fair Work Act 2009, which requires that enterprise agreements be assessed for compliance with various legislative criteria.

The legal issues that the Fair Work Commission was required to address included whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of the procedural fairness of the bargaining process, the content of the agreement, and the potential impact on employees. The commission had to determine if the agreement was genuinely negotiated, if it complied with the good faith bargaining requirement, and if it provided fair and reasonable terms for the employees involved. Additionally, the commission examined whether the agreement contained any provisions that could adversely affect employees' rights or entitlements.

In delivering its decision, the Fair Work Commission found that the application met the necessary criteria for approval. The commission determined that the agreement had been genuinely negotiated and reflected the good faith bargaining process. It was satisfied that the terms of the agreement provided fair and reasonable terms for the employees and did not include any provisions that would unjustifiably harm their rights or entitlements. Consequently, the commission approved the application and authorised the enterprise agreement as binding upon the parties.

The Fair Work Commission's final order was that the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2017 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision confirmed the agreement as a legally binding contract between the school and its employees, effective from the date of registration.

St Peter’s Woodlands Grammar School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established