DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Knox School Limited T/A The Knox School
(AG2017/6243)

KNOX SCHOOL ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2018

Application for approval of The Knox School Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Knox School Enterprise Agreement 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 Knox School Limited T/A The Knox 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 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 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, The Knox School Limited trading as The Knox School, sought approval of an enterprise agreement. The respondent, the Independent Education Union of Australia (Vic Branch), represented the school's employees. The application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the court involved whether the agreement satisfied the mandatory minimum entitlements outlined in the Fair Work Act and whether it was a simple, clear, and easy to understand document. Additionally, the court needed to consider if the agreement complied with the procedural requirements for the approval of an enterprise agreement.

The court examined the provisions of the agreement and found that it met the mandatory minimum entitlements for employees. The court also considered the clarity and simplicity of the agreement, finding that it was sufficiently clear and easy to understand. In relation to procedural compliance, the court determined that the agreement was appropriately lodged and that the respondent had not raised any procedural objections. Consequently, the court approved the agreement, finding it met the statutory requirements for enterprise agreements. The final order was that the enterprise agreement was approved.

The Knox School Limited T/A The Knox School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established