DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hale School
(AG2015/4793)

HALE SCHOOL NON-TEACHING STAFF (ENTERPRISE BARGAINING) AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Hale School Non-Teaching (Enterprise Bargaining) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hale School Non-Teaching (Enterprise Bargaining) 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 Hale School. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[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] 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 Australian Nursing and Midwifery Federation, United Voice and the Independent Education Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia (IEUA), applied to the Fair Work Commission (FWC) for approval of the Hale School Non-Teaching (Enterprise Bargaining) Agreement 2015. The respondent, the Hale School, opposed the approval of the agreement on various grounds, including that it contained provisions that were contrary to the fair work principles set out in the Fair Work Act 2009. The FWC was required to determine whether the agreement should be approved, and if so, whether it should be approved with or without modifications.

The main legal issue before the FWC was whether certain provisions in the agreement were contrary to the fair work principles. The Hale School argued that certain provisions, such as those relating to the classification of non-teaching staff and the establishment of a non-teaching staff committee, were inconsistent with the fair work principles. The IEUA, on the other hand, argued that the provisions were necessary to ensure that non-teaching staff were treated fairly and that their interests were properly represented.

After considering the arguments of both parties, the FWC found that some of the provisions in the agreement were inconsistent with the fair work principles. However, the FWC also found that the agreement could be approved with modifications to those provisions. The FWC made several modifications to the agreement, including changes to the classification of non-teaching staff and the establishment of a non-teaching staff committee. The FWC was satisfied that the modified agreement was consistent with the fair work principles and approved the agreement with modifications.

The FWC ordered that the Hale School Non-Teaching (Enterprise Bargaining) Agreement 2015 be approved with modifications as set out in the decision. The FWC also ordered that the agreement be registered with the Fair Work Commission and that it would have effect from the date of registration.

Hale School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established