DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fahan School
(AG2020/4015)

FAHAN SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Fahan School (Teachers) 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] 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 22 January 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Fahan School seeking approval for the Fahan School (Teachers) Enterprise Agreement 2021. The agreement was submitted to the Commission under the Fair Work Act 2009, as it was classified as a single-enterprise agreement. The dispute centred on whether the agreement met the legal requirements for approval, particularly in terms of fairness and compliance with relevant industrial instruments.

The primary legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement and whether it contained terms that were fair and reasonable. The Commission also needed to ensure that the agreement did not unfairly disadvantage any of the parties involved and that it complied with any applicable awards or agreements.

In examining the agreement, the Commission considered the content and provisions of the document, as well as submissions from the parties. The Commission assessed the fairness of the terms and conditions outlined in the agreement, including those relating to remuneration, working hours, and other employment-related matters. Ultimately, the Commission found that the Fahan School (Teachers) Enterprise Agreement 2021 was fair and reasonable and did not contain any terms that would be unfair to any party. The Commission approved the agreement on the basis that it met the necessary legal criteria.

The Fair Work Commission approved the Fahan School (Teachers) Enterprise Agreement 2021, finding that it was a genuine enterprise agreement and contained fair and reasonable terms. The Commission's decision was based on a thorough review of the agreement and the submissions made by the parties. The approval of the agreement will now allow the Fahan School to proceed with implementing the terms and conditions set out in the agreement.

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