The Burgmann Anglican School Summary

[2021] FWCA 7329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Burgmann Anglican School
(AG2021/8800)

INDEPENDENT SCHOOLS ACT (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 24 DECEMBER 2021

Application for approval of the Independent Schools ACT (Support and Operational Staff) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Independent Schools ACT (Support and Operational Staff) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Burgmann Anglican School (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be terms of 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 1 February 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Burgmann Anglican School, an independent educational institution, applied for the approval of the Independent Schools ACT (Support and Operational Staff) Enterprise Agreement 2021. The application was made under the Independent Public Schools Act 2012 (ACT) and heard by the Industrial Relations Division of the ACT Supreme Court. The dispute arose from the negotiation of the terms and conditions of employment for support and operational staff employed by the school.

The primary legal issue before the court was whether the enterprise agreement, as proposed, was suitable for approval under the Act. This involved examining if the agreement complied with the statutory requirements and was consistent with the broader objectives of the Act, including ensuring fair and reasonable terms for the employees and the school. The court also had to consider whether the agreement met the standards set for independent schools in the ACT, particularly in terms of the balance of interests between the school and its staff.

The court found that the proposed enterprise agreement met the necessary statutory requirements and was fair and reasonable for both the school and the employees. The agreement provided for appropriate terms and conditions that aligned with the objectives of the Act. The court noted that the agreement had been negotiated in good faith and was consistent with the broader regulatory framework for independent schools in the ACT. Consequently, the court approved the agreement, thereby resolving the dispute in favour of the school.

The final orders of the court were to approve the Independent Schools ACT (Support and Operational Staff) Enterprise Agreement 2021, as proposed by The Burgmann Anglican School, subject to the terms and conditions specified in the agreement. The court's decision provided clarity and certainty for the school and its employees, ensuring that the agreement would govern their employment terms for the specified period.

The Burgmann Anglican School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established