DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends' School Incorporated T/A The Friends' School
(AG2018/1078)

THE FRIENDS SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2018

Application for approval of The Friends School (General Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Friends School (General Staff) Enterprise Agreement 2018 (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 T/A The Friends’ School. 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Friends' School Incorporated T/A The Friends' School brought an application to the Fair Work Commission for approval of the The Friends School (General Staff) Enterprise Agreement 2018. The application was made pursuant to section 233 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it is satisfied that the agreement is in the public interest. The dispute involved the terms and conditions of employment for general staff at the school.

The central legal issues the Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act and whether it was in the public interest. Specifically, the Commission needed to determine if the agreement provided for appropriate minimum rates of pay, included fair and reasonable terms and conditions, and did not unfairly disadvantage any employees or groups of employees. The Commission also considered the implications of the agreement for the operation of the school and the interests of its stakeholders.

In reaching its decision, the Commission examined the contents of the agreement, including the rates of pay, leave entitlements, and other conditions of employment. The Commission found that the agreement provided for fair and reasonable terms and conditions that were consistent with the principles of the Fair Work Act. The Commission was satisfied that the agreement was in the public interest, as it provided for appropriate minimum rates of pay and ensured that the school could operate effectively. The Commission noted that the agreement had been negotiated in good faith and that it would not unfairly disadvantage any employees or groups of employees.

The Fair Work Commission approved the The Friends School (General Staff) Enterprise Agreement 2018, subject to certain conditions. The Commission's decision ensures that the agreement will provide for fair and reasonable terms and conditions of employment for general staff at the school, while also supporting the effective operation of the school.

The Friends' School Incorporated T/A The Friends' School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established