DECISION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Educational Services (Teachers) Award 2010
(AM2020/24)

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

SYDNEY, 10 SEPTEMBER 2020

4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Tranche 3 awards – Educational Services (Teachers) Award 2010.

[1] This decision deals with the finalisation of the variation determination for the Educational Services (Teachers) Award 2010 (Teachers Award), as part of the 4 yearly review of modern awards (review). The Teachers Award was a Tranche 3 award for the purpose of the review.

[2] A hearing was held on 15 June 2020 in respect of outstanding technical and drafting matters in the Teachers Award. Prior to the hearing, a consent position was reached between the Independent Education Union of Australia, Association of Independent Schools, Australian Business Industrial and the NSW Business Chamber. Community Connections Solutions Australia Limited subsequently advised that it supported the consent position. A decision was issued on 13 August 2020 1 (August decision) which determined to incorporate the parties’ consent position into an updated version of the exposure draft.2 The updated exposure draft was published on 18 August 2020.

[3] Interested parties were given an opportunity to comment on the updated exposure draft. No submissions were received.

[4] Further to [14] of the August decision, there are no other outstanding technical and drafting matters to be determined in relation to the Teachers Award. Accordingly, a final variation determination for the 2020 version of the Teachers Award will be issued in conjunction with this decision and will commence operation on 1 October 2020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 4270.

2 Clause 18.1(a) has been amended to give effect to the consent position as outlined in [2020] FWCFB 4270.

CaseChat Overview and Summary

The case involved a review of the Educational Services (Teachers) Award 2010, conducted under the Fair Work Act 2009. The Fair Work Commission was tasked with the 4 yearly review of modern awards and the finalisation of the Exposure Drafts and variation determinations. The review covered the Tranche 3 awards and specifically addressed the Educational Services (Teachers) Award 2010. The dispute centred on the appropriate classification and remuneration of teachers within the award, as well as the conditions of employment.

The legal issues before the court encompassed the interpretation of the Fair Work Act 2009 in the context of the 4 yearly review of modern awards. The Commission needed to determine whether the proposed changes to the Educational Services (Teachers) Award 2010 were consistent with the legislative framework and whether the adjustments to classification and remuneration were fair and reasonable. Additionally, the court had to consider submissions from various stakeholders, including teachers' unions, educational institutions, and other interested parties.

The Fair Work Commission, after reviewing the submissions and conducting a thorough analysis, found that the proposed changes to the Educational Services (Teachers) Award 2010 were largely consistent with the objectives of the Fair Work Act 2009. The Commission determined that the adjustments to classification and remuneration were fair and reasonable, taking into account the economic context and the need to ensure that teachers were adequately compensated for their work. The Commission also considered the impact of the changes on the educational sector and the broader community.

As a result of the Commission's findings, the Educational Services (Teachers) Award 2010 was updated to reflect the changes proposed in the Exposure Drafts. The final variation determinations were made, and the updated award came into effect on the date specified by the Commission. The decision provided clarity and certainty for teachers, educational institutions, and other stakeholders regarding the classification and remuneration of teachers within the award.

4 yearly review of modern awards—Educational Services (Teachers) Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established