DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westminster School Inc T/A Westminster School
(AG2017/1432)

WESTMINSTER SCHOOL PROPERTY SERVICES STAFF ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2017

Application for approval of the Westminster School Property Services Staff Enterprise Agreement 2017.

[1] On 26 April 2017, Westminster School Inc T/A Westminster School (Applicant) made an application for approval of the Westminster School Property Services Staff Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 June 2017. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Westminster School Inc T/A Westminster School, a registered school authorised under the Education Act 1990, applied to the Fair Work Commission for the approval of the Westminster School Property Services Staff Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement contained all the mandated terms and conditions, whether it was free from prohibited content, and whether it was made in good faith and with proper authorisation.

The Commission began by confirming the authority of the school to make the enterprise agreement and that the agreement had been made in good faith. It examined the agreement's coverage of all mandated terms and conditions, finding that the agreement included all the necessary provisions such as minimum rates of pay, maximum weekly hours, leave entitlements, and dispute resolution mechanisms. The Commission also reviewed the agreement for any prohibited content, such as terms that would undermine the operation of the Act or facilitate the evasion of obligations, and found no such content. The Commission concluded that the agreement met all the statutory requirements and approved it under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Westminster School Property Services Staff Enterprise Agreement 2017, determining that it was made in good faith and contained all mandated terms and conditions without prohibited content. This decision ensures that the agreement is legally binding and enforceable, providing certainty to the parties involved. The approval also confirms that the agreement operates in accordance with the Fair Work Act 2009, promoting fair and equitable workplace practices.

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