DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Kilmore International School Ltd T/A The Kilmore International School Limited
(AG2015/1049)

THE KILMORE INTERNATIONAL SCHOOL ENTERPRISE AGREEMENT 2015 - 2017

Educational services
COMMISSIONER BISSETT	MELBOURNE, 23 JUNE 2015

Application for approval of the The Kilmore International School Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Kilmore International School Enterprise Agreement 2015 - 2017 (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. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 30 June 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Kilmore International School Ltd T/A The Kilmore International School Limited was the applicant in a matter before the Fair Work Commission, seeking approval of the The Kilmore International School Enterprise Agreement 2015 - 2017. The dispute arose from negotiations between the school and its employees represented by the Australian Education Union. The crux of the disagreement was the terms and conditions of employment as outlined in the proposed agreement, which the school sought to have formally approved.

The central legal issues before the Commission were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, specifically if it contained the necessary minimum terms and conditions as mandated by the Act, and if it was fairly and appropriately negotiated. The Commission also needed to determine if the agreement was in the best interests of the employees and the school, taking into account the educational environment and specific needs of the institution.

In delivering its decision, the Commission examined the proposed agreement clause by clause, assessing its compliance with the Fair Work Act. It found that the agreement did indeed encompass the minimum terms and conditions and was the product of genuine and good-faith negotiations. The Commission was satisfied that the agreement was fair and balanced, taking into account the specific circumstances of the school and the interests of both parties. Consequently, the Commission approved the proposed enterprise agreement, noting that it adequately met the legislative requirements and was in the best interests of the employees and the school.

The final orders of the Commission included the approval of the Kilmore International School Enterprise Agreement 2015 - 2017, effective from the date of the decision, subject to the conditions and requirements set out in the approval order. This decision ensures that the terms and conditions of employment for the employees of the school are legally binding and recognised under the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established