Sydney Church of England Grammar School Council Summary

[2016] FWCA 1137

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Church of England Grammar School t/a Shore School

(AG2015/7805)

SHORE CHILD CARE EDUCATORS AGREEMENT 2016 – 2018 FOR

SYDNEY CHURCH OF ENGLAND GRAMMAR EMPLOYER (SHORE)

Educational services

COMMISSIONER ROE

MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Shore Child Care Educators Agreement 2016 – 2018 for

Sydney Church of England Grammar Employer (Shore).

[1] An application has been made for approval of an enterprise agreement known as the

Shore Child Care Educators Agreement 2016 – 2018 for Sydney Church of England

Grammar Employer (Shore) (the Agreement). The application was made pursuant to s.185 of

the Fair Work Act 2009 (the Act). It has been made by Sydney Church of England Grammar

School t/a Shore School. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4] 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.
[2016] FWCA 1137

[5] The Agreement was approved on 23 February 2016 and, in accordance with s.54, will

operate from 1 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1137

Annexure A

[2016] FWCA 1137

CaseChat Overview and Summary

In the matter of an application for approval of the Shore Child Care Educators Agreement 2016-2018 for Sydney Church of England Grammar Employer (Shore), the applicant, Sydney Church of England Grammar School trading as Shore School, sought approval of the agreement under section 185 of the Fair Work Act 2009. The agreement in question governs the terms and conditions of employment for child care educators within the educational services sector. The Independent Education Union of Australia, as a bargaining representative, indicated its desire for the agreement to cover its members.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under sections 186, 187, 188, and 190 of the Fair Work Act, and whether the group of employees covered by the agreement was fairly chosen. Additionally, the court needed to determine if the agreement would cause financial detriment to any employees or result in substantial changes.

The Commissioner found that the applicant had provided satisfactory written undertakings, which addressed potential concerns about financial detriment and substantial changes. The Commissioner was satisfied that the applicant had met all relevant statutory requirements and that the group of employees was fairly chosen, considering the factors outlined in sections 186(3) and 186(3A) of the Act. Furthermore, the Commissioner noted that the agreement covered the organisation as per section 201(2) of the Act.

The Shore Child Care Educators Agreement 2016-2018 for Sydney Church of England Grammar Employer (Shore) was approved by the Commissioner on 23 February 2016. The agreement will operate from 1 March 2016, with a nominal expiry date of 31 October 2018.

Sydney Church of England Grammar School Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established