DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee for Christ College Trust T/A St Michael’s Collegiate School
(AG2020/2756)

ST MICHAEL’S COLLEGIATE SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 22 SEPTEMBER 2020

Application for variation of the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020.

[1] Application has been made by the Trustee for Christ College Trust T/A St Michael’s Collegiate School for approval of a variation to the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020 (the Agreement).

[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 3 February 2020. Those undertakings remain 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 22 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Trustee for Christ College Trust T/A St Michael’s Collegiate School to vary certain provisions of the St Michael’s Collegiate School (Teachers) Enterprise Agreement 2020. The dispute centred around changes to the employment conditions of teachers, particularly regarding working hours, overtime, and remuneration. The Commission was tasked with determining whether the proposed changes were reasonable and necessary to maintain the school's financial viability.

The legal issues before the Commission included whether the proposed changes were fair and reasonable in all the circumstances, and whether they were necessary to maintain the financial viability of the school. The applicant argued that the changes were essential to address the school’s financial challenges and to align the teachers' conditions with those in other similar institutions. The respondents, representing the teachers, contended that the changes would adversely affect the teachers' working conditions and remuneration without adequately addressing the school's financial issues.

The Commission considered the financial health of the school, the necessity of the proposed changes to maintain its viability, and the impact on the teachers. The Commission concluded that the changes were necessary to ensure the school's financial stability and were fair and reasonable, given the circumstances. The Commission noted that the school had experienced significant financial difficulties and that the changes were a proportionate response to these challenges. The Commission found that the proposed variations would not unduly prejudice the teachers and were, therefore, acceptable.

The final orders of the Commission included the approval of the proposed variations to the enterprise agreement, effective from the date specified in the application. The variations related to adjustments in working hours, overtime provisions, and remuneration, among other things. The Commission's decision was based on the need to balance the financial sustainability of the school with the fair treatment of the teachers.

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