DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westminster School Inc
(AG2015/7060)

WESTMINSTER SCHOOL TEACHING STAFF AND SCHOOL ASSISTANTS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2015 (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. 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. 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.

[3] The Independent Education Union (South Australia) Incorporated 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.

[4] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 16 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Westminster School Inc, sought the approval of the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2015 from the Fair Work Commission. The respondents were the teachers' and school assistants' unions involved in the agreement. The nature of the dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically in relation to the provisions governing the terms and conditions of employment.

The court was required to determine whether the agreement appropriately balanced the rights and obligations of the employer and the employees. This included assessing if the agreement provided for fair and reasonable terms and conditions, including remuneration, working hours, leave provisions, and other employment-related matters. Additionally, the court had to ensure that the agreement did not unfairly disadvantage any party and complied with any relevant legislative requirements.

The Fair Work Commission, in its decision, thoroughly examined the contents of the agreement. It found that the agreement met the statutory requirements under the Fair Work Act 2009 and did not unfairly disadvantage any party. The commission considered the fairness and reasonableness of the terms and conditions set out in the agreement, as well as the processes followed in negotiating the agreement. Based on this analysis, the commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment.

The commission's approval of the agreement was made effective from a specified date, and the agreement was registered with the Fair Work Commission. The decision was binding on the parties involved and provided certainty and stability in the employment relationship moving forward.

Westminster School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established