St Stephen's School
[2025] FWCA 672
•21 FEBRUARY 2025
| [2025] FWCA 672 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
St Stephen's School
(AG2025/222)
ST STEPHEN’S SCHOOL ENTERPRISE AGREEMENT 2025
| Educational services | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 21 FEBRUARY 2025 |
Application for approval of the St Stephen’s School Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the St Stephen’s School Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Stephen's School (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 February 2024 and the Agreement was made on 24 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Nursing and Midwifery Federation (ANMF), who were a bargaining agent, expressed a view as to whether the Agreement passes the BOOT. The Independent Education Union (IEU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (Annexure A). I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
The flexibility term in the Agreement did not meet the requirements of the Act and as a result the model flexibility term has been inserted into the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The ANMF lodged a Form F18 statutory declaration giving 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 the Agreement covers the ANMF.
The IEU lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2025. The nominal expiry date of the Agreement is 21 February 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528122 PR784581>
Annexure A:
0
0
0