The Trustees of the Jesuit Fathers T/A St Aloysius’ College

[2015] FWCA 1128

[2015] FWCA 1128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustees of the Jesuit Fathers T/A St Aloysius’ College
(AG2014/11033)

ST ALOYSIUS’ COLLEGE, MILSONS POINT (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2015-2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 4 MARCH 2015

Application for approval of the St Aloysius’ College, Milsons Point (Support and Operational Staff) Enterprise Agreement 2015-2017.

[1] The Trustees of the Jesuit Fathers T/A St Aloysius’ College (the Applicant) made application pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of a single enterprise agreement known as the St Aloysius’ College, Milsons Point (Support and Operational Staff) Enterprise Agreement 2015-2017 (The Agreement).

[2] I am satisfied that the formal requirements of the Act have been met.

[3] The agreement is in identical terms to a multi-employer agreement submitted for approval by the Independent Schools Association (the Multi-Enterprise Agreement). The present Agreement was the subject of a separate approval application for unknown practical reasons.

[4] Commissioner McKenna assessed the Multi-Enterprise Agreement and identified:

(a) various deficiencies in relation to satisfaction of the formal requirements in respect of particular employers proposed to be covered by the Agreement; and

(b) concerns in relation to the application of the Better Off Overall Test (BOOT) to the Multi-Enterprise Agreement.

[5] Commissioner McKenna proposed an undertaking to address her concerns in relation to the BOOT. The employers covered by the Multi-Enterprise Agreement agreed to giving that undertaking.

[6] I completed consideration of the application for approval of the Multi-Enterprise Agreement, adopting Commissioner McKenna’s assessment of the statutory criteria. The Applicant in this case has given the same undertaking in relation to an identical agreement.

[7] Subject to concerns in relation to the BOOT, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to these applications for approval have been met. Concerns in relation to the BOOT have been met by an undertaking given pursuant to s.190 of the Act by the Applicant.

[8] The form of undertaking that has been given is at Annexure 1 to this decision.

[9] The Independent Education Union of Australia (IEU) 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) of the Act I note that the Agreement covers the IEU.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2015. The nominal expiry date of the Agreement is 31 January 2017.

VICE PRESIDENT

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ANNEXURE 1