The Society Of The Sacred Advent Schools Pty Ltd Atf The Society Of The Sacred Advent School Trust – St Aidan’s Trust T/A St Aidan’s Anglican Girls’ School - [2023] FWCA 722

[2023] FWCA 722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Society Of The Sacred Advent Schools Pty Ltd Atf The Society Of The Sacred Advent School Trust – St Aidan’s Trust T/A St Aidan’s Anglican Girls’ School

(AG2023/360)

St Aidan’s Anglican Girls’ School Enterprise Agreement 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MARCH 2023

Application for approval of the St Aidan’s Anglican Girls’ School Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the St Aidan’s Anglican Girls’ School Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Society of the Sacred Advent Schools Pty Ltd ATF the Society of the Sacred Advent School Trust – St Aidan’s Trust T/A St Aidan’s Anglican Girls’ School (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Society of the Sacred Advent Schools Pty Ltd, trading as St Aidan’s Anglican Girls’ School, applied to the Fair Work Commission for approval of their 2023 Enterprise Agreement. The application arose from negotiations between the employer and the employees, which culminated in an agreement requiring formal endorsement by the Commission. The matter was heard by the Commission in a bid to ensure that the agreement was fair and equitable for all parties involved, as mandated by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements set out in the Fair Work Act, particularly sections concerning minimum entitlements and procedural fairness. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for the protection of employees' rights and interests, and if it was negotiated in good faith. Additionally, the Commission needed to consider if the agreement adequately reflected the needs and conditions of the employees at St Aidan’s Anglican Girls’ School.

In its reasoning, the Commission examined the contents of the agreement and the process by which it was negotiated. The Commission found that the agreement did indeed protect the minimum entitlements of the employees, as required by the Act, and that it was the product of good faith negotiations. The Commission also noted that the agreement was fair and balanced, taking into account the specific circumstances of the school and its employees. Consequently, the Commission approved the agreement, finding that it met all necessary legal standards and would serve the interests of both the employer and the employees effectively.

The final order of the Commission was to approve the St Aidan’s Anglican Girls’ School Enterprise Agreement 2023, affirming that it was fair and balanced and met all statutory requirements. The agreement was to be registered and would come into effect from the date of the Commission's decision, ensuring that it would provide a clear framework for the terms and conditions of employment at the school going forward.

The Society Of The Sacred Advent Schools Pty Ltd Atf The Society Of The Sacred Advent School Trust – St Aidan’s Trust T/A St Aidan’s Anglican Girls’ School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established