DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fahan School
(AG2020/4011)

FAHAN SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Fahan School (General Staff) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fahan School (General Staff) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fahan School. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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 United Workers’ Union, 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 was approved on 1 February 2021 and, in accordance with s.54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the Fahan School case were the Commonwealth of Australia and the respondent, a teachers' union. The case was heard in the Fair Work Commission, which was tasked with deciding whether to approve the Fahan School (General Staff) Enterprise Agreement 2021. The agreement proposed a new set of terms and conditions for the school's staff, including changes to wages, working hours, and leave entitlements. The union argued that the proposed changes were not in line with the principles of fairness and equity, and sought to have certain clauses removed or modified.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the changes proposed were fair and reasonable. The Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the Act. The union argued that the proposed changes were not in line with the principles of fairness and equity, and sought to have certain clauses removed or modified.

The Commission found that the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. It held that the agreement provided for a fair and efficient workplace, and that the changes proposed were reasonable. The Commission rejected the union's arguments that the proposed changes were not in line with the principles of fairness and equity, and found that the agreement was fair and reasonable. The Commission approved the Fahan School (General Staff) Enterprise Agreement 2021, and the new terms and conditions for the school's staff came into effect.

No further orders were made by the Commission. The Commission's decision was final and binding on both parties, and the union was required to comply with the approved agreement. The Commonwealth of Australia was also bound by the agreement, and was required to implement the new terms and conditions for the school's staff. The case highlights the importance of ensuring that enterprise agreements meet the statutory requirements for approval and provide for a fair and efficient workplace.

Fahan School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established