St Peter’s Woodlands Grammar School Inc

Case [2023] FWCA 789
[2023] FWCA 789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

St Peter’s Woodlands Grammar School Inc

(AG2023/507)

St Peter’s Woodlands Grammar School Inc. Agreement 2023.

Educational services

COMMISSIONER PLATT

ADELAIDE, 14 MARCH 2023

Application for approval of the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2023 (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.

  1. The matter was allocated to my Chambers on 9 March 2023 and was determined on the papers.

  1. 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.

  1. 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.

  1. 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 13 March 2026.

COMMISSIONER

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Details
AGLC
St Peter’s Woodlands Grammar School Inc [2023] FWCA 789
Case
[2023] FWCA 789
Decision Date

CaseChat Overview and Summary

The case involved St Peter’s Woodlands Grammar School Inc and the Australian Education Union, with the Fair Work Commission (FWC) reviewing an application for the approval of the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2023. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 (Cth) and whether it met the standards of good faith bargaining and fairness.

The primary legal issues before the Commission were whether the agreement was fairly negotiated and whether it adhered to the requirements of the Fair Work Act. The Commission had to determine if the agreement included all mandatory terms and conditions and if it was consistent with the relevant award and national employment standards. Additionally, the Commission had to assess whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In its decision, the Commission examined the bargaining process and the content of the agreement. The Commission noted that the agreement contained all mandatory terms and conditions, including those relating to wages, hours of work, leave, and other employment conditions. The Commission also considered the evidence of the parties and the submissions made, concluding that the agreement was the product of good faith bargaining. The Fair Work Commission approved the St Peter’s Woodlands Grammar School Inc. Enterprise Agreement 2023, finding that it met the statutory requirements and was fair and reasonable.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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