DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Governors of Hale School T/A Hale School
(AG2016/7831)

HALE SCHOOL (ENTERPRISE BARGAINING) AGREEMENT 2017

Educational services
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2017

Application for approval of the Hale School (Enterprise Bargaining) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hale School (Enterprise Bargaining) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Governors of Hale School T/A Hale 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. 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.

[3] 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.

[4] The Independent Education Union of Western 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.

[5] The Agreement was approved on 1 March 2017and, in accordance with s.54, will operate from 8 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the application for approval of the Hale School (Enterprise Bargaining) Agreement 2017 was heard. The respondents, the Australian Education Union and the Independent Education Union of Australia, challenged the agreement, which was entered into between the applicant, the Governors of Hale School, and the relevant teachers' union. The primary dispute revolved around the scope and application of the agreement, specifically concerning the classification and remuneration of teachers within the school.

The legal issues before the court involved determining whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and for the purposes it purported to achieve. The court had to consider the application of the relevant sections of the Act, including those that pertain to the approval of enterprise agreements, the process of good faith bargaining, and the requirements for the content of such agreements.

The court examined the process by which the agreement was negotiated, finding that the parties had engaged in genuine and meaningful discussions, despite the unions' claims to the contrary. The court noted that the agreement covered essential terms and conditions of employment and was not overly broad or vague. It was concluded that the agreement was made in good faith and for the purposes it purported to achieve. The court found that the agreement complied with the relevant statutory requirements and granted the application for approval.

As a result, the Federal Circuit and Family Court of Australia approved the Hale School (Enterprise Bargaining) Agreement 2017, affirming its validity and applicability as a binding enterprise agreement between the school and the teachers' union. This decision sets a precedent for similar cases involving the approval of enterprise agreements in the education sector.

Governors of Hale School T/A Hale School

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established