DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westminster School Inc T/A Westminster School
(AG2017/6613)

WESTMINSTER SCHOOL TEACHING STAFF AND SCHOOL ASSISTANTS ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MARCH 2018

Application for approval of the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2017 (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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 March 2018 and, in accordance with s.54, will operate from 12 March 2018. The nominal expiry date of the Agreement is 16 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Westminster School Inc, trading as Westminster School, which sought approval of the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2017. The application was brought before the Fair Work Commission, the relevant body responsible for approving enterprise agreements in Australia. The application faced opposition from the Australian Education Union, which argued that the proposed agreement did not meet the necessary standards and requirements under the Fair Work Act 2009.

The legal issues before the court centred on the validity and compliance of the proposed enterprise agreement with the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for the fair and equitable treatment of employees, including minimum terms and conditions, and whether it complied with the requirements for genuine bargaining and employee representation. The court also had to consider whether the agreement was in the best interests of the employees and the school.

The Fair Work Commission found that the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009. The court found that the agreement provided for fair and equitable treatment of employees and that it was the product of genuine bargaining between the employer and the union. The court also found that the agreement was in the best interests of both the employees and the school. The court approved the agreement, noting that it provided for a fair and reasonable balance of rights and obligations between the parties.

As a result of the court's decision, the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2017 was approved and is now in effect. The agreement sets out the terms and conditions of employment for the school's teaching staff and school assistants, and provides a framework for industrial relations between the school and its employees.

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