DECISION

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

Independent Education Union of Australia
(AG2015/6721)

INDEPENDENT SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) REDDAM HOUSE ENTERPRISE AGREEMENT 2015 - 2017.

Educational services
COMMISSIONER JOHNS	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Independent Schools NSW (Support and Operational Staff) Reddam House Enterprise 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 (Support and Operational Staff) Reddam House Enterprise 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 within 14 days after it was made.

[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 11 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 sought approval of the Independent Schools NSW (Support and Operational Staff) Reddam House Enterprise Agreement 2015-2017 in the Fair Work Commission. The dispute arose from negotiations between the union and the employer over terms and conditions for support and operational staff at Reddam House. The Commission had to decide whether the agreement met the formal requirements under the Fair Work Act 2009 and whether it complied with the provisions ensuring fairness and reasonableness.

The central legal issues were whether the enterprise agreement complied with the formal requirements under the Fair Work Act, and whether it contained provisions that were fair and reasonable in terms of pay and conditions. The Commission examined whether the agreement was genuinely negotiated, if it contained all the mandated terms, and if the agreement was fair and reasonable for the employees and the employer. The Commission also considered whether the agreement adhered to the process outlined in the Fair Work Act and whether it met the standards of procedural fairness.

The Commission found that the enterprise agreement met all formal requirements and was genuinely negotiated between the parties. It was determined to be fair and reasonable, balancing the interests of both employees and the employer. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for all parties involved. The decision was based on the comprehensive nature of the agreement, its compliance with the Fair Work Act, and the fairness of its provisions.

The final orders of the Commission were to approve the Independent Schools NSW (Support and Operational Staff) Reddam House Enterprise Agreement 2015-2017, with the agreement to take effect from the specified date and remain in force until the end of the agreed term. The decision was binding on the parties and enforceable under 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