DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strathcona Baptist Girls Grammar School Ltd
(AG2016/7278)

STRATHCONA BAPTIST GIRLS GRAMMAR SCHOOL LTD. ENTERPRISE AGREEMENT 2016-2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Strathcona Baptist Girls Grammar School Ltd. Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Strathcona Baptist Girls Grammar School Ltd. Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Strathcona Baptist Girls Grammar School Ltd. 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 30 December 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Strathcona Baptist Girls Grammar School Ltd, who sought approval of their Enterprise Agreement 2016-2018. The Fair Work Commission was the tribunal that heard the application. The crux of the dispute was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the school needed to demonstrate that the agreement contained essential elements as prescribed by the Act and was made in good faith and without coercion.

The Commission needed to determine if the agreement contained the required 'certified' and 'modern' award terms and conditions, and whether it complied with the 'better off overall test'. This test required that the proposed agreement should not disadvantage the employees more than their current terms and conditions, and that it should provide at least the minimum wage rates and conditions of the relevant award. Additionally, the Commission had to assess whether the agreement was made in good faith, without any element of coercion.

In reaching its decision, the Commission examined the contents of the agreement, the process by which it was negotiated, and the evidence provided by both the school and the employees' representatives. The Commission found that the agreement met all the legislative requirements, including the better off overall test. It was determined that the proposed agreement provided employees with at least the minimum terms and conditions of the relevant award and offered some improvements. The negotiation process was deemed to have been conducted in good faith, without any coercion, and thus the agreement was approved.

The Fair Work Commission approved the Strathcona Baptist Girls Grammar School Ltd Enterprise Agreement 2016-2018, finding it met all legislative requirements and was made in good faith. The agreement was therefore deemed to be fit for approval under the Fair Work Act 2009.

Strathcona Baptist Girls Grammar School Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established