DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Independent Education Union of Australia
(AG2015/6265)

WADJA WADJA HIGH SCHOOL - PRINCIPALS' ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 11 JANUARY 2016

Application for variation of the Wadja Wadja High School - Principals' Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Wadja Wadja High School - Principals' Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by Independent Education Union of Australia.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 11 January 2016.

[5] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought a variation of the Wadja Wadja High School - Principals' Enterprise Agreement 2013. The union argued that changes to the school's operations, including an increased student population and additional responsibilities for principals, warranted adjustments to the terms and conditions of employment under the agreement. The union sought revisions to various sections of the agreement, including hours of work, pay rates, and professional development provisions.

The primary legal issues before the Commission were whether the changes in the school's operations constituted a significant change in circumstances under the Fair Work Act 2009, and if so, whether these changes warranted variations to the enterprise agreement. The Commission needed to assess whether the union had demonstrated that the changes were significant enough to warrant a departure from the existing agreement and if the proposed variations were fair and reasonable.

After considering the evidence presented by both parties, the Commission found that the changes in the school's operations did constitute a significant change in circumstances. The Commission determined that the increased student population and additional responsibilities placed on principals warranted adjustments to the enterprise agreement. The Commission approved several variations, including changes to hours of work, pay rates, and professional development provisions, which it found to be fair and reasonable in the circumstances. The decision highlighted the importance of enterprise agreements remaining relevant and responsive to changes in the workplace.

The Commission ordered the variations to the Wadja Wadja High School - Principals' Enterprise Agreement 2013 as set out in the decision. The union and the school were directed to implement the approved changes within the specified timeframe. The decision also included provisions for ongoing monitoring and review of the agreement to ensure its continued relevance and fairness.

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