DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whitsunday Anglican School Limited T/A Whitsunday Anglican School
(AG2018/6203)

WHITSUNDAY ANGLICAN SCHOOL ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 27 MARCH 2019

Application for approval of the Whitsunday Anglican School Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Whitsunday Anglican School 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 Whitsunday Anglican School Limited T/A Whitsunday Anglican School. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia – Queensland and Northern Territory Branch 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 27 March 2019 and, in accordance with s.54, will operate from 3 April 2019. The nominal expiry date of the Agreement is 26 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Whitsunday Anglican School Limited, trading as Whitsunday Anglican School, applied to the Fair Work Commission for approval of the Whitsunday Anglican School Enterprise Agreement 2017. The dispute centred on whether the proposed agreement complied with relevant federal legislation and the common law in terms of its provisions, particularly concerning the classification and remuneration of employees. The Commission, consisting of a delegate of the President, convened to consider the application.

The primary legal issues before the Commission involved determining whether the terms and conditions outlined in the Whitsunday Anglican School Enterprise Agreement 2017 adhered to the Fair Work Act 2009, and whether they were procedurally and substantively fair. The Commission had to assess if the agreement met the requirements for being a "good faith" agreement, including whether it had been negotiated in good faith and whether it provided for terms and conditions that were fair and reasonable. Additionally, the Commission examined if the agreement appropriately balanced the interests of both the employer and the employees, particularly focusing on the classification and remuneration aspects.

After thorough consideration of the submissions and evidence provided by both parties, the Commission found that the Whitsunday Anglican School Enterprise Agreement 2017 was compliant with the relevant statutory and common law requirements. The Commission concluded that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable. The classification and remuneration provisions were deemed appropriate and balanced the interests of both the employer and the employees. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Whitsunday Anglican School Enterprise Agreement 2017, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees of the Whitsunday Anglican School.

Whitsunday Anglican School Limited T/A Whitsunday 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