DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1208)

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

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as The Aboriginal & Islander Community School Inc. (The Murri School) Enterprise 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 the Independent Education Union of Australia. 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.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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia, acting on behalf of its members, sought approval of a new enterprise agreement for The Aboriginal & Islander Community School Inc., known as The Murri School. The matter was heard in the Fair Work Commission. The dispute centred on the terms and conditions of employment for teachers and staff at the school, as well as broader educational and operational standards set out in the proposed agreement. The union argued that the agreement was necessary to address specific needs and circumstances of the school's community, while the respondents raised concerns about the compliance and fairness of certain provisions.

The central legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, and whether it complied with the relevant legislative standards. These included ensuring the agreement did not undermine the general protections afforded to employees and that it adhered to the principles of good faith bargaining and procedural fairness. The Commission also needed to consider the impact of the agreement on the educational environment and the specific cultural and community needs of the Murri School.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the proposed agreement was largely in compliance with the necessary legislative standards. The Commission acknowledged the unique educational and cultural context of the Murri School, which justified some deviations from standard agreements. However, certain clauses were modified to ensure they met the general protections and procedural fairness requirements. The Commission approved the agreement with modifications, ensuring it supported the school's mission while protecting the rights and interests of the employees.

The final orders included the approval of the amended agreement, with specific conditions and modifications noted. These adjustments aimed to balance the school's operational needs with the statutory protections for employees, ensuring that the agreement was fair and compliant with the Fair Work Act.

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