DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Society of the Sacred Advent Schools Pty Ltd T/A St Aidan’s Anglican Girls’ School
(AG2018/5166)

ST AIDAN’S ANGLICAN GIRLS’ SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MARCH 2019

Application for approval of the St Aidan’s Anglican Girls’ School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Aidan’s Anglican Girls’ School Enterprise Agreement 2019 (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 T/A St Aidan’s Anglican Girls’ School. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 8 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Society of the Sacred Advent Schools Pty Ltd, trading as St Aidan’s Anglican Girls’ School, applied for approval of the St Aidan’s Anglican Girls’ School Enterprise Agreement 2019. The application was made in the Fair Work Commission, and the issue before the Court was whether the Agreement was in the public interest, meeting the requirements of the Fair Work Act 2009. This case involved the negotiation and approval of an enterprise agreement, which is a collective agreement between an employer and employees that sets out terms and conditions of employment.

The central legal issue was whether the proposed agreement was in the public interest, as required by section 234 of the Fair Work Act. This involved examining the agreement to ensure it complied with the relevant provisions of the Act, including the requirement that it promote high levels of employment and the terms of employment should be fair and appropriate. The Court also had to consider whether the agreement provided for the efficient operation of the school, including whether it allowed for flexibility in the management of the school’s operations.

The Court found that the agreement met the requirements of the Fair Work Act. It was noted that the agreement contained provisions that promoted high levels of employment and provided for the efficient operation of the school. The Court also found that the agreement provided for appropriate terms and conditions of employment, including provisions for flexible working arrangements and the protection of employees’ rights. The Court concluded that the agreement was in the public interest and approved it accordingly. The approval of the agreement allows the school to operate under the terms and conditions set out in the agreement, providing a framework for the employment relationship between the school and its employees.

The Society of the Sacred Advent Schools Pty Ltd 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