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
(AG2015/7399)

ST AIDAN’S ANGLICAN GIRLS’ SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2015

Application for approval of the St Aidan’s Anglican Girls’ School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Aidan’s Anglican Girls’ School Enterprise Agreement 2016 (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 Applicant 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 1 January 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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 to the Fair Work Commission for approval of the St Aidan’s Anglican Girls’ School Enterprise Agreement 2016. The application was opposed by the Independent Education Union of Australia (Vic Branch). The primary dispute involved the terms and conditions outlined in the proposed agreement, particularly concerning pay rates, leave entitlements, and procedural fairness in the negotiation process. The matter was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over workplace relations matters.

The legal issues before the court were whether the enterprise agreement met the requirements under the Fair Work Act 2009 and whether the negotiation process was procedurally fair. Key points of contention included the calculation of pay rates for certain employees, the definition and application of leave entitlements, and whether there was adequate consultation and representation of the employees' interests during the negotiation process. The opposition argued that the proposed agreement failed to provide fair and reasonable terms and conditions for the employees, and that the negotiation process was flawed.

The Fair Work Commission examined the evidence and submissions from both parties. The court considered the provisions of the Fair Work Act 2009, focusing on the criteria for procedural fairness and the substantive fairness of the agreement's terms. The Commission found that while the negotiation process had some procedural shortcomings, these did not significantly undermine the overall fairness of the agreement. The Commission also found that the pay rates and leave entitlements proposed in the agreement were fair and reasonable. Therefore, the application for approval of the enterprise agreement was ultimately upheld.

The Fair Work Commission approved the St Aidan’s Anglican Girls’ School Enterprise Agreement 2016, subject to certain modifications to address the procedural fairness issues identified during the hearing. The modifications included clarifications on the negotiation process and additional provisions to ensure ongoing consultation and representation of employees' interests.

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