DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dara Village Incorporated T/A Dara School
(AG2021/5295)

DARA SCHOOL ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER PLATT	ADELAIDE, 1 JUNE 2021

Application for approval of the Dara School Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Dara School Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dara Village Incorporated T/A Dara School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 June 2021 and was determined on the papers.

[3] There is one National Employment Standards (NES) issue that must be addressed.

[4] Part 3 Clause 23.1(a) states notice does not apply to Teachers in the case of summary dismissal for serious neglect of duty. This seems to exceed the limits on scope as set out in s.123 of the Act. Clause 8.1 is a NES Precedence Clause, and states that if any provision of the Agreement could be interpreted as providing a less favourable outcome to an employee than the NES, the NES will prevail to the extent of the inconsistency. As a result of the NES Precedence Clause, notice will not apply to Teachers whose employment is terminated because of serious misconduct as defined in the Fair Work Regulations 2009.

[5] The Independent Education Union of Australia (IEUA), 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) of the Act I note that the Agreement covers this organisation.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Dara Village Incorporated T/A Dara School to approve the Dara School Enterprise Agreement 2021. The application involved a dispute concerning the terms and conditions of employment for staff at the school, with the Fair Work Commission required to determine whether the agreement met the legal standards for approval. The respondents to the application included various employee representatives, who contested certain aspects of the proposed agreement, arguing that it did not adequately protect their rights and interests.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms of employment, whether the process for negotiating the agreement was lawful and in accordance with the Fair Work Act, and whether the agreement complied with the procedural fairness requirements set out in the Fair Work Regulations. The Commission also had to consider whether the agreement contained terms that were contrary to public policy or that failed to provide for adequate protections for employees.

The Fair Work Commission, after considering the submissions from both parties, found that the agreement met the necessary standards for approval. The Commission determined that the terms of the agreement were fair and reasonable, and that the process for negotiating the agreement had been lawful. The Commission also concluded that the agreement did not contravene any public policy considerations and provided for adequate protections for employees. As a result, the Commission approved the Dara School Enterprise Agreement 2021, allowing it to come into effect.

The Commission's decision was based on a careful review of the evidence and arguments presented by both parties. The Commission found that the agreement contained terms that were fair and reasonable, and that the process for negotiating the agreement had been conducted in a manner that was consistent with the requirements of the Fair Work Act. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or that failed to provide for adequate protections for employees. As a result, the Commission approved the agreement, allowing it to come into effect and providing a framework for the terms and conditions of employment at the school.

Dara Village Incorporated T/A Dara School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established