DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Friends’ School Incorporated T/A Friends’ School
(AG2014/10315)

THE FRIENDS’ SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 23 FEBRUARY 2015

Application for approval of the The Friends’ School (General Staff) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The Friends’ School (General Staff) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Friends’ School Incorporated T/A Friends’ School. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Friends' School Incorporated T/A Friends' School brought an application before the Fair Work Commission seeking approval of the Friends' School (General Staff) Enterprise Agreement 2015. The respondent, the Independent Education Union of Australia (Vic Branch), contested the application on behalf of the employees. The application was heard by Deputy President J C Edwards. The primary legal issue before the court was whether the enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions.

The court examined the evidence presented by both parties, including submissions on the nature of the bargaining process and the fairness of the terms within the agreement. The Friends' School argued that the agreement was the result of genuine and good faith negotiations, while the union contended that certain terms were unfair and not representative of the employees' interests. The court considered the bargaining conduct, the negotiation process, and the terms of the agreement in relation to the statutory requirements for approval. Ultimately, the court found that the enterprise agreement was made in good faith and contained the necessary minimum terms and conditions, thus meeting the criteria for approval under the Fair Work Act 2009.

The court approved the Friends' School (General Staff) Enterprise Agreement 2015, finding that it satisfied the statutory requirements for approval. The decision was based on the evidence of genuine and good faith negotiations and the inclusion of the necessary minimum terms and conditions. The court emphasised the importance of the good faith bargaining process and the need for enterprise agreements to meet the statutory criteria. The final orders of the court included the approval of the enterprise agreement and the setting aside of the union's objections to the application.

Friends’ School Incorporated T/A Friends’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established