DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Kilmore International School Limited T/A The Kilmore International School
(AG2018/3899)

THE KILMORE INTERNATIONAL SCHOOL ENTERPRISE AGREEMENT 2018-2020

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 28 NOVEMBER 2018

Application for approval of The Kilmore International School Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as The Kilmore International School Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Kilmore International School Limited T/A The Kilmore International School. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Kilmore International School Limited, trading as The Kilmore International School, applied for approval of its Enterprise Agreement 2018-2020. The application was made to the Fair Work Commission. The dispute centred on the terms of the proposed agreement, particularly those relating to employee remuneration and working conditions. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper payment of minimum rates of pay, included permissible deductions from wages, and complied with provisions relating to maximum weekly hours and penalty rates. Additionally, the Commission had to consider whether the agreement adequately covered other terms and conditions of employment, ensuring they were fair and reasonable. The Commission also needed to assess if the agreement was made in good faith and without coercion.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2018-2020 did not adequately provide for the proper payment of minimum rates of pay and contained deductions from wages that were not permissible. The Commission noted that these deficiencies did not meet the statutory requirements for approval. Consequently, the application was dismissed. The Commission emphasised the importance of ensuring that all employees are fairly compensated and that agreements comply with legislative standards designed to protect workers' rights.

The Commission did not make any orders as the application for approval was dismissed. The school now has the opportunity to revise the agreement to address the identified issues and resubmit it for consideration.

The Kilmore International School Limited T/A The Kilmore International School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established