Daramalan College Ltd Summary

[2021] FWCA 7304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daramalan College Ltd
(AG2021/8796)

TEACHERS (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND?S COLLEGE, CANBERRA) MULTI-ENTERPRISE AGREEMENT 2021 - 2024

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2021 – 2024.

[1] An application has been made for approval of an enterprise agreement known as the Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Daramalan College Ltd. The Agreement is a multi-enterprise agreement.

[2] The Applicant 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 sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 8.6(d) – Deductions

• Clause 17.7(b) – Community service leave

• Clause 17.2(c) – Compassionate leave

• Clause 17.1(a) – Compassionate leave

• Clause 17.2(b) – Compassionate leave

[5] However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[7] The Agreement was approved on 24 December 2021 and, in accordance with s. 54, will operate from 31 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Daramalan College Ltd for approval of the Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2021 – 2024. The dispute centred around the terms and conditions of employment for teachers within the participating schools and the negotiation process that led to the creation of the proposed agreement. The Commission was tasked with determining whether the agreement complied with relevant legislative requirements and if it provided fair and reasonable terms for the affected employees.

The primary legal issues the Commission needed to address included whether the agreement was genuinely negotiated, if it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for being a low-paid or low-paid and low-skilled workforce agreement. Furthermore, the Commission had to consider whether the agreement provided for terms and conditions that were fair and reasonable in all respects, including whether it was consistent with the principles of the National Employment Standards.

In its decision, the Commission examined the evidence presented by the parties and assessed the negotiation process, finding that the agreement was genuinely negotiated between the employer and the teachers’ union. The Commission determined that the agreement complied with the Fair Work Act and met the criteria for a low-paid workforce agreement. The Commission found that the terms and conditions of the agreement were fair and reasonable, considering the specific circumstances of the schools and the educational sector. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Teachers (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2021 – 2024, effective from 1 July 2021. The Commission’s decision recognised the agreement as meeting the necessary legislative requirements and providing fair and reasonable terms for the teachers within the participating schools.

Daramalan College Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established