DECISION

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

The Society of the Sacred Advent Schools Pty Ltd (ACN 104 269 785) ATF The Society of the Sacred Advent - St Aidan's Trust T/A St Aidan's Anglican Girls' School
(AG2019/4831)

ST AIDAN'S ANGLICAN GIRLS' SCHOOL ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SPENCER	BRISBANE, 22 JANUARY 2020

Application for approval of the St Aidan's Anglican Girls' School Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Aidan's Anglican Girls' School Enterprise Agreement 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 Society of the Sacred Advent Schools Pty Ltd ATF The Society of the Sacred Advent – St Aidan’s Trust T/A St Aidan’s Anglican Girls’ School (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were The Society of the Sacred Advent Schools Pty Ltd, trading as St Aidan's Anglican Girls' School, and the Independent Education Union of Australia, acting on behalf of certain employees of the school. The dispute arose from the application for approval of the St Aidan's Anglican Girls' School Enterprise Agreement 2020. The Fair Work Commission was the court that heard the case. The central legal issue was whether the proposed enterprise agreement complied with the relevant statutory requirements and if it was in the best interests of the employees.

The court examined the application to determine if the agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was made in good faith and whether it provided for appropriate mechanisms for resolving disputes. The court also considered if the agreement met the minimum terms and conditions as outlined in the relevant industrial instrument and if it included provisions that were fair and reasonable in all aspects. The decision hinged on whether the agreement provided adequate protections and benefits for the employees, considering their specific needs and the broader economic context.

After careful consideration of the submissions and evidence presented, the Fair Work Commission determined that the proposed agreement was fair and reasonable. The court found that the agreement included appropriate mechanisms for resolving disputes and met the minimum terms and conditions required by law. The agreement also provided for adequate benefits and protections for the employees. Consequently, the court approved the application for the St Aidan's Anglican Girls' School Enterprise Agreement 2020.

The final order was that the enterprise agreement be approved, effective from the date of the decision. The agreement would govern the employment conditions of the employees covered by the agreement, and it would be binding on both the employer and the employees. The court's approval ensured that the agreement would be enforceable under the Fair Work Act 2009.

The Society of the Sacred Advent Schools Pty Ltd (ACN 104 269 785) ATF The Society of the Sacred Advent - St Aidan's Trust T/A St Aidan's Anglican Girls' School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established