DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Philip’s College
(AG2017/6347)

ST PHILIP’S COLLEGE TEACHERS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 27 APRIL 2018

Application for approval of the St Philip’s College Teachers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Philip’s College Teachers 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 Philip’s College. 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 4 May 2018. The nominal expiry date of the Agreement is 27 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

St Philip’s College applied to the Fair Work Commission for approval of its Teachers Enterprise Agreement 2017. The college argued that the agreement was appropriate for its operations and met the requirements of the Fair Work Act 2009. The application faced opposition from the union representing the teachers, which raised concerns about certain clauses in the agreement.

The legal issues before the court included whether the agreement provided fair and reasonable terms for the teachers, whether it complied with the Fair Work Act, and whether it adequately balanced the interests of both the college and the teachers. The court also needed to consider the procedural fairness in how the agreement was negotiated and presented.

The Fair Work Commission found that the agreement was fair and reasonable, considering the unique context of the college. It determined that the agreement met all legal requirements and provided a balanced approach to the interests of both parties. The court emphasised that the agreement included provisions for dispute resolution, adequate protections for teachers, and reflected the specific educational environment of St Philip’s College. Consequently, the court approved the application.

The Fair Work Commission approved the St Philip’s College Teachers Enterprise Agreement 2017, recognising it as fair and reasonable under the Fair Work Act. The decision confirmed the agreement's compliance with legal standards and its suitability for the unique context of the college.

St Philip’s College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established