DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westminster School Inc. T/A Westminster School
(AG2019/2159)

WESTMINSTER SCHOOL PROPERTY SERVICES STAFF ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	MELBOURNE, 25 JULY 2019

Application for approval of the Westminster School Property Services Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Westminster School Property Services Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westminster School Inc. T/A Westminster School. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2019. The nominal expiry date of the Agreement is 16 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Westminster School Inc. T/A Westminster School has applied to the Fair Work Commission for the approval of the Westminster School Property Services Staff Enterprise Agreement 2019. The application was made by the school under section 233 of the Fair Work Act 2009. The dispute primarily revolves around the terms and conditions of employment for property services staff, and the need for the agreement to meet certain legal requirements to be approved.

The legal issues that the Commission was required to decide included whether the agreement provided for the employees’ terms and conditions of employment, and whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirements for good faith bargaining and the incorporation of modern awards. The Commission also had to consider whether the agreement was in the best interests of the employees and if it provided for fair and reasonable terms.

The Commission examined the evidence presented by both parties and assessed the agreement against the statutory requirements. It was found that the agreement did provide for the employees’ terms and conditions of employment and that it was generally in their best interests. The Commission also determined that the agreement had been made in good faith and that it complied with the relevant provisions of the Fair Work Act, including the incorporation of modern awards. As a result, the Commission approved the Westminster School Property Services Staff Enterprise Agreement 2019.

The Fair Work Commission's final order was that the Westminster School Property Services Staff Enterprise Agreement 2019 be approved under section 233 of the Fair Work Act 2009. The agreement was to be registered and will apply to the employees covered by the agreement from the date of registration. The approval of the agreement ensures that the employees’ terms and conditions of employment are properly regulated and that the agreement is fair and reasonable.

Westminster School Inc. T/A Westminster School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established