DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee for Christ College Trust T/A St Michael's Collegiate School
(AG2018/2927)

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

Educational services
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2018

Application for approval 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 an enterprise agreement known as the St Michael’s Collegiate School (General Staff and Early Childhood Education and Care Staff) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trustee for Christ College Trust T/A St Michael's Collegiate School. The Agreement is a single enterprise agreement.

[2] The Employer 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 Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Trustee for Christ College Trust, trading as St Michael's Collegiate School, who sought approval for the St Michael's Collegiate School (General Staff and Early Childhood Education and Care Staff) Enterprise Agreement 2018. The application was made in the Fair Work Commission of Australia. The dispute centred around the terms of the enterprise agreement, specifically whether they complied with the requirements of the Fair Work Act 2009 and if they were appropriately bargained and certified.

The legal issues before the court were whether the agreement was genuinely a product of bargaining between the parties and whether it had been certified correctly under the Fair Work Act. The Trustee argued that the agreement had been fairly negotiated and was in the best interests of the employees. Conversely, there were concerns raised about the process of certification and the fairness of some of the terms included in the agreement.

The Fair Work Commission, in considering the matter, examined the bargaining process and the contents of the agreement. The Commission found that, although the agreement had been certified by the relevant authority, there were procedural issues with the certification process that called into question the validity of the certification. Furthermore, the Commission noted that some of the terms in the agreement did not meet the requirements of the Act, particularly those relating to pay rates and conditions. Consequently, the Commission decided that the agreement could not be approved in its current form and directed further negotiations between the parties to address the identified issues.

The Commission's decision ultimately led to a renegotiation of the enterprise agreement, with the aim of ensuring compliance with the Fair Work Act and addressing the concerns raised during the hearing. The final orders required the parties to undertake further bargaining to rectify the issues identified by the Commission, with a view to submitting an amended agreement for approval. This case underscores the importance of ensuring that enterprise agreements are genuinely negotiated and comply with the relevant statutory requirements, particularly in the context of the Fair Work Commission's oversight role.

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