DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fahan School
(AG2018/860)

FAHAN SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER JOHNS	SYDNEY, 16 MAY 2018

Application for approval of the Fahan School (General Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fahan School (General Staff) Enterprise Agreement 2018 (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] United Voice 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 23 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Education Union (Qld) and the Australian Education Union (Qld) (Teachers Branch) brought an application for the approval of the Fahan School (General Staff) Enterprise Agreement 2018. The application was made under section 175 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement met the "better off overall test" and whether it contained the necessary "protected action provisions." The Commission determined that the agreement was fair and reasonable, meeting both the better off overall test and the protected action provisions. The Commission found that the agreement provided employees with improved terms and conditions of employment, including pay rates, leave entitlements, and other benefits, which outweighed any potential disadvantages. The Commission also found that the agreement contained the necessary provisions to protect the interests of employees and to ensure that the agreement was not circumvented. The Commission approved the Fahan School (General Staff) Enterprise Agreement 2018, subject to certain conditions and modifications. The approval of the agreement means that it will now be legally binding on the parties and will govern the employment conditions of the employees covered by 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