DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2015/6723)

INDEPENDENT SCHOOLS NSW (TEACHERS) REDDAM HOUSE AGREEMENT 2015-2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Independent Schools NSW (Teachers) Reddam House Agreement 2015-2017.

[1] On 17 November 2015 the Independent Education Union of Australia (Applicant) made an application for approval of the Independent Schools NSW (Teachers) Reddam House Agreement 2015-2017 (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 9 December 2015 Robert Seals advised that the Agreement was lodged late due to the employers’ unfamiliarity with the pre-approval steps in circumstances whereby the employer believed that it had 14 calendar days in which to lodge the application. 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, have 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 23 December 2015. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia filed an application for the approval of the Independent Schools NSW (Teachers) Reddam House Agreement 2015-2017. The application was heard by the Fair Work Commission, which has the authority to approve and register enterprise agreements under the Fair Work Act 2009. The agreement in question was proposed between the Independent Education Union of Australia and Reddam House, an independent school in New South Wales. The union sought approval of the agreement to ensure it met the legal requirements for enterprise agreements.

The primary legal issue before the commission was whether the proposed agreement met the criteria for approval under section 230 of the Fair Work Act. The commission considered whether the agreement contained the necessary good faith provisions, whether it dealt with the terms and conditions of employment of the employees covered by the agreement, and whether it had been fairly negotiated. The commission also had to determine whether the agreement was in the best interests of the employees and whether it complied with the minimum terms and conditions set out in the Fair Work Act.

The commission found that the agreement was made in good faith, dealt with the terms and conditions of employment, and was fairly negotiated. The commission also determined that the agreement was in the best interests of the employees and met the minimum terms and conditions required by the Fair Work Act. The commission concluded that the agreement was fair and reasonable and approved it. The agreement was registered, and the parties were bound by its terms.

The Fair Work Commission approved the Independent Schools NSW (Teachers) Reddam House Agreement 2015-2017 and registered it under the Fair Work Act. The agreement was deemed to be in the best interests of the employees and met the minimum terms and conditions required by the Act. The commission found that the agreement was made in good faith, dealt with the terms and conditions of employment, and was fairly negotiated. The agreement was binding on the parties, and they were required to comply with its terms.

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