DECISION

Fair Work Act 2009
s.210—Enterprise agreementIndependent Education Union of Australia

(AG2020/967)

THE ABORIGINAL & ISLANDER COMMUNITY SCHOOL INC. (THE MURRI SCHOOL) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 25 MAY 2020

Application for variation of The Aboriginal & Islander Community School Inc. (The Murri School) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to The Aboriginal & Islander Community School Inc. (The Murri School) Enterprise Agreement 2017 (the Agreement). The application is made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Aboriginal and Islander Community Independent School Inc T/A The Murri School, and is supported by the Independent Education Union of Australia (IEU), who are covered by the Agreement. The Agreement is a single enterprise agreement.

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 25 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission seeking a variation to the Aboriginal & Islander Community School Inc. (The Murri School) Enterprise Agreement 2017. The Murri School, an employer, and the union, a registered organisation representing employees, were the parties involved. The dispute centred around the interpretation and application of certain clauses within the agreement, specifically those related to employee entitlements and working conditions.

The legal issues the court had to decide included whether certain provisions of the agreement were ambiguous or unclear, and if so, whether these ambiguities should be resolved in favour of the employees. The union argued that the agreement's language was ambiguous and needed to be interpreted in a manner that favoured the employees, whereas the school contended that the language was clear and unambiguous. The court had to examine the language of the agreement, the context in which it was made, and the principles of contract interpretation to resolve these issues.

In its decision, the Fair Work Commission found that several provisions of the agreement were indeed ambiguous and required clarification. The court applied the principle of interpreting ambiguous terms in favour of the employees, consistent with the overarching objectives of the Fair Work Act. The commission ruled that certain entitlements and conditions outlined in the agreement were to be interpreted to the benefit of the employees, providing them with enhanced protections and benefits. The decision was grounded in the need to ensure fairness and clarity in employment agreements, particularly in contexts involving vulnerable or minority groups.

The final orders included specific clarifications to the ambiguous provisions, ensuring that employees received the intended benefits and protections. The commission mandated that these clarifications be incorporated into the enterprise agreement and that both parties adhere to the revised terms. This decision reinforced the importance of clear and fair employment agreements, particularly in educational settings serving Indigenous communities.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established