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

Printed by authority of the Commonwealth Government Printer

ANNEXURE 1

CaseChat Overview and Summary

The case involved an application for the approval of the St Aloysius’ College, Milsons Point (Support and Operational Staff) Enterprise Agreement 2015-2017, before the Fair Work Commission. The application was made by the Trustees of the Jesuit Fathers T/A St Aloysius’ College, and the dispute centred on the terms of the enterprise agreement and whether it should be approved. The Fair Work Commission was required to assess the agreement under the Fair Work Act 2009 to ensure it met the legal standards for approval.

The legal issues that the Commission needed to address included whether the agreement was a genuine enterprise agreement, if it was made in good faith, and if it met the requirements for certification under the Act. The Trustees argued that the agreement was a genuine enterprise agreement and had been made in good faith, while the respondents contended that certain provisions of the agreement were not fair and reasonable. The Commission also had to consider whether the agreement complied with the relevant provisions of the National Employment Standards and the safety net of minimum wages.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. The Commission noted that the agreement had been negotiated between the Trustees and the relevant employee representatives, and that the negotiation process was conducted in good faith. The Commission found that the agreement contained provisions that were fair and reasonable, and that it met the requirements for certification under the Act. The Commission also considered the evidence provided by the parties and the relevant provisions of the Act and concluded that the agreement was a genuine enterprise agreement and should be approved. The Commission certified the agreement, subject to certain modifications, which addressed the concerns raised by the respondents.

The final orders of the Commission included the certification of the enterprise agreement, subject to the modifications made to address the concerns of the respondents. The Commission also made orders regarding the implementation of the agreement and the resolution of any disputes that may arise under the agreement. The decision of the Commission provides guidance for employers and employees on the requirements for a valid enterprise agreement and the role of the Commission in approving such agreements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established