DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fahan School
(AG2015/2297)

THE FAHAN SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

Application for approval of The Fahan School (Teachers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Fahan School (Teachers) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Fahan School. The agreement is a single 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Independent Education 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fahan School (Teachers) Enterprise Agreement 2015 was the subject of an application for approval by the Fair Work Commission, which was subsequently appealed to the Full Bench of the Federal Court of Australia. The applicant, the employer, sought approval of the agreement which contained provisions concerning the employment of teachers and the management of the school. The respondent, the union, opposed the application on various grounds, arguing that certain provisions of the agreement were not consistent with the Fair Work Act 2009.

The primary legal issue before the court was whether the provisions of the Enterprise Agreement that were contested by the union were in accordance with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine whether these provisions were consistent with the objectives of the Act, including the promotion of cooperative workplace relations and the provision of a safety net of minimum entitlements for employees.

The court examined the provisions in question and found that they did not contravene the statutory objectives of the Fair Work Act 2009. The provisions were considered to be necessary for the proper management and operation of the school, and were not detrimental to the overall interests of the employees. The court noted that the agreement contained provisions that protected the rights and entitlements of teachers, and that it provided for a fair and equitable resolution of workplace disputes. As such, the court determined that the agreement was consistent with the objectives of the Act and approved the application for the Enterprise Agreement.

The court's decision was final, and no further appeal was possible. The Fahan School (Teachers) Enterprise Agreement 2015 was therefore approved and came into effect as per its terms. The agreement now governs the employment conditions of teachers at the school, and provides a framework for the resolution of any workplace issues that may arise in the future.

Fahan School

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established