[2016] FWCA 2483

The attached document replaces the document previously issued with the above code on 20 April 2016.

Paragraph 4 has been amended so that the Independent Education Union of Australia is covered by the Agreement

21 April 2016

On behalf of Commissioner Gregory’s Chambers

[2016] FWCA 2483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trust for Christ College Trust T/A St Michael’s Collegiate School
(AG2016/725)

ST MICHAEL’S COLLEGIATE SCHOOL (GENERAL AND CHILDCARE STAFF) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 20 APRIL 2016

Application for approval of the St Michael’s Collegiate School (General and Childcare Staff) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the
St Michael’s Collegiate School (General and Childcare Staff) 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 St Michael’s Collegiate 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 United Voice 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 27 April 2017. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Trust for Christ College Trust trading as St Michael’s Collegiate School, applied to the Fair Work Commission for approval of the St Michael’s Collegiate School (General and Childcare Staff) Enterprise Agreement 2016. The applicant submitted that the agreement was made in good faith, and the application was accompanied by the relevant forms, documentation, and fees. The dispute involved the terms and conditions of employment for general and childcare staff at the school. The school argued that the agreement was necessary to ensure the smooth operation of the institution and to provide fair and equitable terms for its employees.

The legal issues before the court were whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the agreement provided for the minimum entitlements of employees, whether it was free from any unlawful content, and whether it was made in accordance with the procedures set out in the Act. The court also had to consider whether the agreement was in the best interests of the employees and the employer.

The court found that the agreement was made in good faith and that it complied with the relevant provisions of the Act. The court noted that the agreement provided for minimum entitlements that were not less favourable than the applicable awards or the national employment standards. The court also found that the agreement was free from any unlawful content and that it was made in accordance with the procedures set out in the Act. The court was satisfied that the agreement was in the best interests of the employees and the employer, and that it would promote harmonious, productive, and cooperative workplace relations.

The court approved the agreement, and it will now be registered with the Fair Work Commission. The agreement will apply to the general and childcare staff at the school, and it will remain in force until it is varied or terminated in accordance with the Act. The approval of the agreement is an important step in ensuring that the school can operate smoothly and that its employees are provided with fair and equitable terms of employment.

Trust 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