The Knox School Limited Summary

[2013] FWCA 7378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

The Knox School Limited
(AG2013/9357)

THE KNOX SCHOOL COLLECTIVE AGREEMENT 2013

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 24 SEPTEMBER 2013

Application for approval of The Knox School Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Knox School Collective Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Knox School Limited. The Agreement is a single-enterprise agreement.

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

[3] The Independent Education Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Knox School Limited applied for approval of the 2013 collective agreement, with the Fair Work Commission (FWC) presiding over the matter. The applicant, The Knox School, is an independent school that employs teachers under the terms of the relevant industrial instrument. The application arose from negotiations between the school and the teachers' union, which culminated in the 2013 collective agreement. The union sought approval of the agreement, which the school supported, but a third party, the Australian Education Union, objected to specific provisions, arguing they were inconsistent with the Fair Work Act 2009.

The central legal issue before the FWC was whether the provisions of the 2013 collective agreement were consistent with the relevant provisions of the Fair Work Act. The objector argued that certain terms, including those related to leave entitlements and working hours, were not consistent with the Act and, therefore, should not be approved. The FWC had to determine whether the provisions of the agreement complied with the statutory framework and whether any non-compliant provisions could be disregarded or modified to achieve compliance.

The FWC examined the provisions of the agreement in light of the Fair Work Act and related regulations. The FWC found that while some provisions were not entirely consistent with the Act, they could be modified to achieve compliance without fundamentally altering the nature of the agreement. The FWC made several modifications to the agreement, including adjusting the terms related to leave entitlements and working hours. After these modifications, the FWC was satisfied that the agreement complied with the statutory requirements and approved the 2013 collective agreement with the modifications.

The Knox School Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established