DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Daramalan College; Trustees Of The Marist Brothers T/A Marist College Canberra; The Trustees of Edmund Rice Education Australia T/A St Edmund's College, Canberra
(AG2015/2945)

TEACHERS (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND'S COLLEGE, CANBERRA) ENTERPRISE AGREEMENT 2014 - 2017

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 20 JULY 2015

Application for approval of the Teachers (Daramalan College, Marist College Canberra, and St Edmund's College Canberra) Enterprise Agreement 2014 - 2017.

[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) Enterprise Agreement 2014 - 2017 (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; Trustees Of The Marist Brothers T/A Marist College Canberra; The Trustees of Edmund Rice Education Australia T/A St Edmund's College, Canberra. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Daramalan College, Marist College Canberra, and St Edmund's College Canberra, sought approval of the Teachers Enterprise Agreement 2014-2017. The dispute was heard by the Fair Work Commission, which had to decide on the application for approval of the enterprise agreement under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees and the institutions involved. Specifically, the court needed to consider if the agreement met the criteria for being a "low-paid" agreement and whether it appropriately balanced the interests of the employees with those of the educational institutions.

The court found that the agreement was a low-paid agreement as the average weekly ordinary time earnings of the employees were below the prescribed threshold. The court also examined the fairness of the terms and conditions outlined in the agreement. It considered various factors, including the need to ensure the financial sustainability of the institutions, the reasonable needs of the business, and the best interests of the employees. The court found that the agreement appropriately balanced these considerations and was fair and reasonable in all the circumstances.

Given the findings, the court approved the application for the enterprise agreement. The decision recognised the specific needs of the educational institutions and the employees, ensuring that the agreement met the statutory requirements and was fair and reasonable. The court's approval allowed the agreement to be implemented, providing a framework for the terms and conditions of employment for the teachers at the three colleges.

Daramalan College; Trustees Of The Marist Brothers T/A Marist College Canberra; The Trustees of Edmund Rice Education Australia T/A St Edmund's College, Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established