DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fintona Girls’ School
(AG2015/5446)

FINTONA GIRLS’ SCHOOL AGREEMENT 2015-2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 14 OCTOBER 2015

Application for approval of the Fintona Girls’ School Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Fintona Girls’ School Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Fintona Girls’ 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Independent Education Union of Australia (IEU), 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Fintona Girls’ School, sought approval of an agreement from the Victorian Civil and Administrative Tribunal (VCAT). The agreement, Fintona Girls’ School Agreement 2015-2017, involved terms and conditions of employment for teachers within the school. The primary dispute arose from the school's application to VCAT for the approval of the agreement, which was necessary under the Education and Training Reform Act 2006.

The legal issues before VCAT were whether the proposed agreement complied with the relevant legislative framework, specifically the Education and Training Reform Act 2006 and the Employment of Victorian Public Sector School Teachers Act 1996. Key concerns included whether the agreement's terms were fair and reasonable and whether they adhered to the prescribed conditions set forth by the legislation. Additionally, VCAT had to assess whether the agreement appropriately balanced the interests of both the school and its teachers.

In examining the agreement, VCAT considered the statutory requirements and the context of the agreement within the educational sector. The tribunal found that the agreement generally complied with the legislative provisions and was fair and reasonable. The tribunal noted that the agreement included provisions for consultation and communication between the school and teachers, which were critical in ensuring a balanced approach to employment conditions. The tribunal also highlighted the importance of the agreement's provisions in addressing modern educational needs while maintaining fair treatment for teachers. Consequently, VCAT approved the Fintona Girls’ School Agreement 2015-2017, finding it to be in compliance with the statutory requirements.

VCAT's decision to approve the agreement was based on a comprehensive assessment of the statutory framework and the terms of the agreement. The tribunal concluded that the agreement was fair and reasonable and appropriately balanced the interests of both the school and its teachers. The approval by VCAT signified that the agreement met the necessary legislative standards, thus enabling its implementation for the specified period.

Fintona Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established