Aboriginal & Torres Strait Islander Independent Community School Summary

[2023] FWCA 2132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aboriginal & Torres Strait Islander Independent Community School

(AG2023/2091)

THE MURRI SCHOOL ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 11 JULY 2023

Application for approval of The Murri School Enterprise Agreement 2023.

Aboriginal & Torres Strait Islander Independent Community School (the Employer) has made an application for the approval of The Murri School Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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 IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 11 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Aboriginal and Torres Strait Islander Independent Community School (ATISICS) to approve the Murri School Enterprise Agreement 2023. The application was brought before the Fair Work Commission, as the tribunal with jurisdiction over such agreements. The agreement, if approved, would govern the employment conditions of staff at the Murri School, a community-controlled educational institution.

The primary legal issue for the Commission to determine was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement met the necessary criteria for approval, including whether it provided for the safety, health, and welfare of employees, and whether it was made in good faith and in a fair manner. Additionally, the Commission had to assess whether the agreement was in line with the Fair Work (Registered Organisations) Act 2009, and whether it adhered to the requirements for independent schools.

In reaching its decision, the Fair Work Commission considered the evidence and submissions presented by the parties. It found that the agreement satisfied the statutory criteria for approval. The Commission noted that the agreement provided for adequate terms and conditions of employment, including provisions for remuneration, working hours, leave, and other employment-related matters. The Commission also found that the agreement was made in good faith and in a fair manner, taking into account the unique context of the Murri School as a community-controlled institution. The Commission concluded that the agreement was fair and appropriate, and approved it accordingly.

As a result of the Commission's decision, the Murri School Enterprise Agreement 2023 was approved and is now in effect, governing the employment conditions of staff at the Murri School. The approval of the agreement ensures that the school can continue to operate in accordance with fair and reasonable employment terms, while also recognising the unique needs and aspirations of the Aboriginal and Torres Strait Islander community it serves.

Aboriginal & Torres Strait Islander Independent Community School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established