DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/426)

REDDAM HOUSE (TEACHERS) ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 8 MARCH 2017

Application for approval of the Reddam House (Teachers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Reddam House (Teachers) 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 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 is approved and, in accordance with s.54, will operate from 15 March 2017. The nominal expiry date of the Agreement is 31 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission for the approval of the Reddam House (Teachers) Enterprise Agreement 2017. The respondents were Reddam House Schools, a private educational institution, and its teachers, who were members of the union. The union sought to have the agreement approved under the Fair Work Act 2009, arguing that it met all necessary criteria, including that it provided for fair and reasonable terms and conditions, and did not adversely affect employees’ job security.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it contained adequate protections for employees’ job security, and whether it complied with all statutory requirements for enterprise agreements. The Commission also needed to determine if the agreement was made in good faith and whether it was appropriately certified.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions and contained adequate protections for employees’ job security. It also found that the agreement was made in good faith and complied with all statutory requirements. The Commission was satisfied that the agreement met all necessary criteria for approval and did not adversely affect employees’ job security. Consequently, the Commission approved the Reddam House (Teachers) Enterprise Agreement 2017. The Commission’s decision was based on a detailed analysis of the agreement’s provisions, submissions from both parties, and relevant legal principles.

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