DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Rudolf Steiner School Association Incorporated
(AG2015/539)

CANBERRA RUDOLF STEINER SCHOOL ASSOCIATION INCORPORATED (TEACHERS) ENTERPRISE AGREEMENT 2015-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 1 JUNE 2015

Application for approval of the Canberra Rudolf Steiner School Association Incorporated (Teachers) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Rudolf Steiner School Association Incorporated (Teachers) Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Rudolf Steiner School Association Incorporated. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Canberra Rudolf Steiner School Association Incorporated. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Independent Education Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2015. The nominal expiry date of the Agreement is 1 October 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the application for approval of the Canberra Rudolf Steiner School Association Incorporated (Teachers) Enterprise Agreement 2015-2017. The school association applied for the approval of this agreement under section 231 of the Fair Work Act 2009, seeking to have the agreement recognised as a registered agreement. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether the agreement was in the best interests of the employees it sought to cover.

The Commission examined the process by which the agreement was made, ensuring it complied with the procedural fairness and good faith obligations outlined in the Act. It also considered the content of the agreement, including whether it provided for the terms and conditions of employment that met the 'better off overall test', meaning that no party was disadvantaged by the agreement. Furthermore, the Commission assessed if the agreement contained terms that were contrary to public policy or were otherwise invalid. After thorough analysis, the Commission found that the agreement met the necessary criteria and did not contravene any legislative provisions. Consequently, the Commission approved the agreement as a registered agreement, recognising it as binding on the parties involved.

The Commission's decision was grounded in its assessment of the procedural fairness of the agreement's creation and its substantive content. The Commission confirmed that the agreement was made in good faith and that it provided for terms and conditions that were fair and reasonable. The better off overall test was satisfied, ensuring that the employees were not disadvantaged by the terms of the agreement. The Commission found no public policy concerns or invalid terms within the agreement. As a result, the application for approval was successful, and the agreement was registered under the Fair Work Act. The decision was made in the interest of ensuring fair and effective employment terms for the teachers covered by the agreement.

Canberra Rudolf Steiner School Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established