DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends School Incorporated
(AG2014/10937)

THE FRIENDS’ SCHOOL (FRIENDS HEALTH & FITNESS) ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 APRIL 2015

Application for approval of the The Friends’ School (Friends Health & Fitness) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The Friends’ School (Friends Health & Fitness) 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 Friends School Incorporated. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from The Friends School Incorporated. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, The Friends School Incorporated, sought approval for the Enterprise Agreement 2015, which covered its employees engaged in the health and fitness sector. The application was made under section 231 of the Fair Work Act 2009, following the negotiation of the agreement with the relevant union. The dispute centred around whether the agreement met the requirements for approval, including its compliance with the “better off overall test” and other statutory obligations.

The legal issues before the Commission were whether the agreement provided for terms and conditions that were at least as favourable as those provided by the applicable awards, and whether it complied with the statutory requirements for approval. Specifically, the Commission had to determine if the proposed changes to remuneration and conditions were fair and reasonable, and if the agreement appropriately balanced the interests of both employers and employees. Additionally, the Commission considered whether the agreement adequately addressed issues such as consultation, dispute resolution, and the overall fairness of the terms provided.

The Commission found that the agreement satisfied the better off overall test and was in compliance with the statutory obligations. The analysis included a detailed examination of the proposed changes in remuneration and conditions, and a comparison with the existing award provisions. The Commission concluded that the agreement was fair and reasonable, as it provided for improved conditions and remuneration for employees while also maintaining the operational efficiency of the school. The evidence presented by both parties was considered, and the Commission determined that the proposed changes were justified and appropriate.

The Fair Work Commission approved the Enterprise Agreement 2015, subject to certain conditions. The agreement was deemed to meet the necessary statutory requirements and was considered to be in the best interests of both the employees and the employer. The Commission's decision was based on the comprehensive analysis of the terms and conditions proposed in the agreement, and the overall fairness and reasonableness of the changes.

The Friends School Incorporated

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established