DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee for Christ College Trust T/A St Michael’s Collegiate School
(AG2020/2757)

ST MICHAEL’S COLLEGIATE SCHOOL (GENERAL STAFF AND EARLY CHILDHOOD EDUCATION AND CARE STAFF) ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 13 OCTOBER 2020

Application for variation of the St Michael’s Collegiate School (General Staff and Early Childhood Education and Care Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the St Michael’s Collegiate School (General Staff and Early Childhood Education and Care Staff) Enterprise Agreement 2018 (the Agreement). The application was made by The Trustee for Christ College Trust T/A St Michael’s Collegiate School pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 12 December 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 13 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for variation of the St Michael’s Collegiate School (General Staff and Early Childhood Education and Care Staff) Enterprise Agreement 2018. The application was brought by the employer, the Trustee for Christ College Trust trading as St Michael’s Collegiate School, seeking amendments to the existing enterprise agreement. The dispute centred around changes to the employment conditions, particularly concerning working hours and pay rates for the relevant staff members. The court had to determine whether the proposed variations were fair and reasonable and complied with the relevant legislative framework.

The primary legal issues revolved around the interpretation and application of the relevant sections of the Fair Work Act 2009. The court had to consider whether the proposed changes to the enterprise agreement were in accordance with the principles of good faith bargaining and procedural fairness. Additionally, the court examined whether the variations met the criteria for being deemed fair and reasonable, including whether they provided for adequate protection of the employees' interests.

The court evaluated the submissions from both parties and the evidence presented, focusing on the nature of the proposed changes and their potential impact on the employees. It was determined that the employer had acted in good faith and had engaged in genuine bargaining. The court found that the proposed variations were fair and reasonable, taking into account the overall context and the interests of both the employer and the employees. Consequently, the court granted the application for variation of the enterprise agreement, allowing the proposed changes to proceed.

The court's decision resulted in the approval of the variation to the St Michael’s Collegiate School (General Staff and Early Childhood Education and Care Staff) Enterprise Agreement 2018. The new terms and conditions, as proposed by the employer, were deemed to be fair and reasonable, and the court's decision provided the necessary authorisation for the implementation of these changes.

The Trustee for Christ College Trust T/A St Michael’s Collegiate School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established