The Friends’ School Incorporated T/A The Friends’ School, Skye Dayal

[2021] FWCA 7259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends’ School Incorporated T/A The Friends’ School, Skye Dayal
(AG2021/8482)

THE FRIENDS’ SCHOOL (GENERAL, EARLY LEARNING & FITNESS STAFF) ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2021

Application for approval of The Friends’ School (General, Early Learning & Fitness Staff) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as The Friends’ School (General, Early Learning & Fitness 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 Friends’ School Incorporated T/A The Friends’ School, Skye Dayal. 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 a term 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 United Workers’ Union, 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 29 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Friends’ School Incorporated, trading as The Friends’ School, made an application to the Fair Work Commission for approval of its Enterprise Agreement. The application was brought by the School’s current employees, including Skye Dayal. The dispute centred on whether the proposed Enterprise Agreement complied with the Fair Work Act 2009 and the relevant regulations. The Fair Work Commission, presided over by Deputy President C. S. G. Bennett, was tasked with determining whether the Enterprise Agreement met the statutory requirements for approval.

The primary legal issues that the Commission had to address were whether the Enterprise Agreement complied with the procedural requirements outlined in the Fair Work Act and whether it met the substantive requirements. This included whether the agreement was made in good faith, whether it provided for the proper operation of the organisation, and whether it contained appropriate mechanisms for dispute resolution. Additionally, the Commission had to consider whether the agreement included appropriate minimum terms and conditions of employment.

The Fair Work Commission found that the Enterprise Agreement complied with both the procedural and substantive requirements of the Fair Work Act. The Commission noted that the agreement was made in good faith and provided for the proper operation of the organisation. It also contained appropriate mechanisms for dispute resolution and included the mandated minimum terms and conditions of employment. Consequently, the Commission approved the Enterprise Agreement, finding it to be fair and reasonable in all respects.

As a result of the Commission's decision, the Enterprise Agreement was approved, and the application was successful. The final orders of the Commission were that the Enterprise Agreement be registered and that it take effect from the date of the decision. The Friends’ School Incorporated, trading as The Friends’ School, was permitted to implement the terms and conditions of the approved agreement with its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established