DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Church of England Grammar School t/a Shore School
(AG2015/7798)

SHORE SERVICES STAFF ENTERPRISE AGREEMENT 2016 - 2019

Educational services
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Shore Services Staff Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Shore Services Staff Enterprise Agreement 2016 - 2019 (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.

[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 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Sydney Church of England Grammar School, trading as the Shore School, and its employees. The school sought approval for the Shore Services Staff Enterprise Agreement 2016 - 2019. The dispute centred around whether the agreement complied with the relevant industrial laws and if it was fair and reasonable for the employees involved. The Fair Work Commission was tasked with assessing the application.

The legal issues at the heart of the case revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, whether it was fair and reasonable, and if it complied with the procedural requirements for enterprise agreements. The Commission also needed to ensure that the agreement did not discriminate against any particular group of employees.

The Fair Work Commission found that the Shore Services Staff Enterprise Agreement 2016 - 2019 was fair and reasonable for the employees. The Commission took into account the nature of the agreement, the bargaining process, and the interests of the employees. It was noted that the agreement had been negotiated in good faith and that the employees had been adequately represented. The Commission also found that the agreement did not discriminate against any particular group of employees and complied with all procedural requirements. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Shore Services Staff Enterprise Agreement 2016 - 2019, effective from the date of the decision. This decision provides certainty for both the school and its employees, ensuring that the agreement remains in force and is upheld as a legally binding document.

Sydney Church of England Grammar School t/a Shore School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established