| [2014] FWCA 8621 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The King David School Holdings Ltd T/A The King David School
(AG2014/8112)
THE KING DAVID SCHOOL (ASSISTANTS) AGREEMENT 2015-2017
Educational services | |
COMMISSIONER BISSETT | MELBOURNE, 1 DECEMBER 2014 |
Application for approval of The King David School (Assistants) Agreement 2015-2017.
[1] An application has been made for approval of an enterprise agreement known as The King David School (Assistants) 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 King David School Holdings Ltd. 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 Independent Education Union of Australia, 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.
[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 31 January 2018.
COMMISSIONER
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- AGLC
- The King David School Holdings Ltd T/A The King David School [2014] FWCA 8621
- Case
- [2014] FWCA 8621
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved determining whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was a "better off overall test" (BOOT) agreement and whether it complied with the provisions regarding minimum wages and conditions. Additionally, the Commission had to consider whether the agreement provided appropriate safeguards for the employees involved.
The Fair Work Commission found that the proposed agreement was a BOOT agreement as it offered the teaching assistants a more favourable overall package of pay and conditions compared to the relevant award. The Commission also concluded that the agreement met the statutory requirements, including the provision of minimum wages and the protection of employees' rights. The Commission approved the agreement, emphasising the need for ongoing monitoring and compliance with the terms set out in the agreement.
The Commission's final orders included the approval of The King David School (Assistants) Agreement 2015-2017, subject to the conditions and safeguards outlined in the decision. The agreement was to be registered with the Fair Work Commission and would be in effect from the specified start date until the end of the agreement period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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