DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College
(AG2020/1361)

ST PETER’S COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 10 JUNE 2020

Application for approval of the St Peter’s College Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s College Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 May 2020.

[3] On 2 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 5 June 2020. The undertaking deals with the following topics:

• In relation to clause 38.2(a), the Applicant will require a permanent teaching employee to provide 12 weeks’ notice in writing if they terminate their employment. However, the Applicant will not enforce the requirement that the termination date coincide with the last teaching day of a school term.

• In the event that a teacher’s workload is greater than that specified in clause 48.15(a),(b) or (c) then it may be addressed by way of a reduction in other duties by negotiation with the individual employee and their immediate line manager. Such duties may include but are not limited to yard duty, non-compulsory staff meetings, non-compulsory school events etc.

• In relation to clause 59, the overtime rates will be as follows:

• Mon-Fri in excess of 75 ordinary hours per fortnight – an additional 50%

• Mon-Fri time worked outside of the span of ordinary hours in clause 57.2 – an additional 50%

• Saturday up to 12 noon – an additional 50%

• Saturday after 12 noon – Sunday – an additional 100%

• Public Holiday – an additional 150%

• For the purposes of calculating overtime for a Pay Level A2 General Staff employee under Schedule 4 of the Agreement, the Applicant will apply no less than the double time rate for a Level 1.3 employee under the Educational Services (Schools) General Staff Award 2010.

• In relation to clause 62.2, an employee working extra hours other than hours previously determined as part of the employee’s working week, will be paid at the rate of time and a half for the extra hours.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College sought approval of an enterprise agreement entered into with its employees. The agreement covered various terms and conditions of employment, including pay rates, hours of work, leave provisions, and other workplace matters. The application was made to the Fair Work Commission under the Fair Work Act 2009, which mandates the approval of enterprise agreements by the Commission before they can be enforced.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement met the procedural and substantive requirements for approval, including whether it had been negotiated in good faith, whether it provided for a safety net of minimum entitlements, and whether it contained any provisions that would be contrary to public policy or contrary to the spirit of the Act. The Commission also needed to consider any submissions made by interested parties, including the employees' union and the employer.

After considering the evidence and submissions, the Commission found that the enterprise agreement met all the necessary requirements for approval. The agreement had been negotiated in good faith and provided for a safety net of minimum entitlements. The Commission also found that none of the provisions in the agreement were contrary to public policy or the spirit of the Act. The Commission therefore approved the enterprise agreement, which will now be legally binding on the employer and its employees. The approval of the agreement will provide certainty and stability to the workplace, and ensure that the employees are protected by a fair and reasonable set of terms and conditions of employment.

The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College

DECISION

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Legal Principle Established