DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends' School Incorporated T/A The Friends' School
(AG2018/181)

THE FRIENDS’ SCHOOL (FRIENDS, HEALTH & FITNESS) ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 JULY 2018

Application for approval of The Friends' School (Friends Health & Fitness) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Friends’ School (Friends Health & Fitness) 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 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] 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 11 July 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

In the Fair Work Commission, the applicant, The Friends' School Incorporated, trading as The Friends' School, applied for the approval of the Friends Health & Fitness Enterprise Agreement 2018. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically the provisions concerning enterprise agreements and the procedural requirements for their approval. The application was brought before the Commission to determine whether the agreement complied with the necessary legal standards and to seek formal approval.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act, including whether it was made in good faith and whether it contained the necessary provisions for employee protections and dispute resolution. The Commission had to assess if the agreement complied with the procedural prerequisites, such as the provision of a copy to all affected employees and the giving of a 21-day notice period before the agreement could be approved. Additionally, the Commission needed to consider if the agreement provided adequate protections for employees and whether the process leading to its formation was fair and transparent.

The Commission found that the Enterprise Agreement was made in good faith and adhered to the procedural requirements set out in the Fair Work Act. The agreement was deemed to contain all necessary provisions for employee protections and dispute resolution, and it was concluded that the process leading to its formation was fair. The Commission was satisfied that the agreement provided a reasonable basis for regulating the employment terms and conditions of the employees covered by it. As a result, the Commission approved the Enterprise Agreement, confirming its compliance with the statutory requirements and its suitability for formal endorsement.

The final orders of the Commission included the approval of the Friends Health & Fitness Enterprise Agreement 2018, with the agreement to be registered and enforceable under the Fair Work Act. The Commission's decision provided clarity on the compliance of the agreement with the legal standards and affirmed the procedural integrity of the agreement's formation.

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