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
(AG2016/3860)

ST PETER’S COLLEGE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the St Peter’s College Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s College Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College sought approval of an enterprise agreement for its employees from the Fair Work Commission. The application was opposed by the South Australian Branch of the Independent Education Union of Australia, representing the teachers. The dispute centred on whether the proposed agreement met the legal requirements for approval and if it appropriately balanced the interests of the school and the teachers.

The key legal issues before the Commission were whether the agreement was genuinely bargained, whether it met the procedural requirements for approval, and whether it contained provisions that were contrary to public policy or unjust. The Commission also had to consider whether the agreement provided for a fair and reasonable remuneration and conditions package for the teachers.

The Fair Work Commission found that the agreement was genuinely negotiated and met the procedural requirements for approval. It determined that the agreement contained provisions that were fair and reasonable, taking into account the financial position of the school and the needs of the teachers. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, leave, and professional development. It concluded that the agreement was in the best interests of both the school and the teachers and approved the application.

The Commission made an order approving the St Peter’s College Enterprise Agreement 2015, subject to the usual transitional provisions. The agreement will now apply to the teachers employed by the school, providing them with a clear and fair set of employment terms and conditions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established