DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/427)

REDDAM HOUSE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 23 MARCH 2017

Application for approval of the Reddam House (Support and Operational Staff) Enterprise Agreement 2017.

[1] On 30 January 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the Reddam House (Support and Operational Staff) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 22 March 2017 Ms Verena Heron, advised that the Agreement was lodged late due to the fact that she was absent from work when Reddam House emailed her the documents on the fourteenth day. Ms Heron filed the Agreement when she returned to work the next day. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 March 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application in the Fair Work Commission, seeking approval of the Reddam House (Support and Operational Staff) Enterprise Agreement 2017. The respondent, Reddam House, an independent school in Sydney, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement contained all the necessary terms and conditions as required by the Act. Specifically, the Commission needed to determine if the agreement satisfied the good faith bargaining requirement and if it contained the mandated minimum terms and conditions of employment.

The Fair Work Commission examined the content of the agreement and found that it complied with the statutory requirements. The Commission noted that the agreement included all the mandated minimum terms and conditions, and it was the product of genuine and good faith bargaining between the parties. Therefore, the Commission approved the enterprise agreement. The Commission emphasised the importance of the good faith bargaining process in achieving a fair and equitable agreement that benefits both employers and employees.

The Fair Work Commission approved the Reddam House (Support and Operational Staff) Enterprise Agreement 2017, finding that it met all the requirements of the Fair Work Act 2009. The Commission determined that the agreement contained all the necessary terms and conditions and was the product of genuine and good faith bargaining between the parties. This decision reinforces the importance of the good faith bargaining process in achieving fair and equitable agreements in the workplace.

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