Governors of Hale School T/A Hale School

[2013] FWCA 9846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Governors of Hale School T/A Hale School
(AG2013/11785)

HALE SCHOOL (ENTERPRISE BARGAINING) AGREEMENT 2014

Educational services
COMMISSIONER WILLIAMS	PERTH, 16 DECEMBER 2013

Application for approval of the Hale School (Enterprise Bargaining) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hale School (Enterprise Bargaining) Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of 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) of the Act 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 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the governors of Hale School, sought approval of an Enterprise Bargaining Agreement made with their employees. The respondents were the teachers and administrative staff of the school. The application was heard in the Fair Work Commission, the body established under the Fair Work Act 2009 to manage and resolve workplace relations matters. The primary dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they complied with the statutory requirements and principles of the Fair Work Act.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, if it balanced the interests of the employees and the employer, and if it adhered to the provisions of the Fair Work Act. The Commission had to consider the fairness test as outlined in section 234 of the Act, which requires that an agreement promotes harmonious, productive and equitable workplace relations and provides for the efficient and productive operation of the enterprise. The Commission also had to ensure that the agreement did not adversely affect the employees' rights and freedoms in a manner that was not reasonably required for the efficient and productive operation of the enterprise.

The Commission examined the provisions of the agreement and the submissions of both parties. It concluded that the agreement was fair and efficient, promoting harmonious, productive and equitable workplace relations, and did not adversely affect the employees' rights in a manner that was not reasonably required for the efficient and productive operation of the enterprise. The Commission found that the agreement balanced the interests of the employees and the employer, and complied with the statutory requirements of the Fair Work Act. Accordingly, the Commission approved the Hale School Enterprise Bargaining Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established