DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walford Anglican School for Girls Inc T/A Walford Anglican School
(AG2016/2819)

WALFORD ANGLICAN SCHOOL FOR GIRLS ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 6 MAY 2016

Application for approval of the Walford Anglican School for Girls Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Walford Anglican School for Girls 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 Walford Anglican School for Girls Inc T/A Walford Anglican 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement to the extent that it replaces clause 2.2 of the Agreement.

[5] The Independent Education Union of Australia 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.

[6] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will operate from 13 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Walford Anglican School for Girls Inc T/A Walford Anglican School, and its employees represented by the Australian Education Union (AEU). The dispute centred around the application for approval of the Walford Anglican School for Girls Enterprise Agreement 2016. The Fair Work Commission (FWC) was the court that heard the case.

The primary legal issue the court had to decide was whether the proposed Enterprise Agreement provided adequate protections for employees, and if it complied with the relevant legislative framework. The court also needed to determine whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). This included assessing whether the agreement provided appropriate terms and conditions for the employees and whether it was free from prohibited content.

The FWC found that the Enterprise Agreement offered fair and reasonable terms for the employees, and it complied with the statutory requirements. The court was satisfied that the agreement met all the necessary conditions for approval and did not contain any prohibited content. The FWC approved the Walford Anglican School for Girls Enterprise Agreement 2016, subject to certain modifications, including the addition of a clause addressing the calculation of allowances for employees who are also members of the school's Board of Directors. This decision was based on the evidence presented and the court's interpretation of the relevant legislation.

Walford Anglican School for Girls Inc T/A Walford Anglican School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established