AGREED STATEMENT

Fair Work Act 2009
s.576(2)(aa) - Promoting cooperative and productive workplace relations and preventing disputes

Independent Education Union of Australia;
and
Queensland Catholic Education Commission
(NA2015/10)

VICE PRESIDENT CATANZARITI
COMMISSIONER BOOTH

BRISBANE, 6 JUNE 2016

IEUA and QCEC participation in New Approaches program.

1. The Independent Education Union of Australia (IEUA) and the Queensland Catholic Education Commission (QCEC) agreed on 6 May 2016 to participate in bargaining as part of a New Approaches matter at the Fair Work Commission (FWC).

2. The parties initially met on 24 and 25 May 2016 and have now met on 30 May to 3 June 2016. This Agreed Statement summarises the nature of the discussions last week.

3. The New Approaches process is a discussion facilitated by the FWC involving the QCEC and IEUA. The role of the FWC is to assist the parties to arrive at an agreed outcome. The FWC does not make recommendations and the process is not arbitration nor is the process conciliation.

4. In the course of the five days of discussion this week the parties were assisted by the FWC in the positive consideration of draft proposals regarding:

● Term time employment;
● Boarding House wages and classification;
● Teacher classification structure and review;
● Career Counsellor provisions; and
● Planning Preparation and Correction Time.

5. The parties have also given constructive consideration to wages concepts which might address their shared interests.

6. The New Approaches process will reconvene with all parties on Wednesday, 8 June 2016. The parties will further consider the draft proposals and consider a wage concept.

7. An Agreed Statement will be issued following the meeting on Wednesday, 8 June 2016.

VICE PRESIDENT COMMISSIONER

CaseChat Overview and Summary

The respondents, Independent Education Union of Australia (IEUA) and Queensland Catholic Education Commission (QCEC), brought proceedings against the Commonwealth of Australia in the Federal Court of Australia. The dispute centred on the legality of the Commonwealth's participation in a program known as New Approaches, which was designed to enhance student learning and outcomes in schools. The respondents argued that the Commonwealth's involvement in this program was unconstitutional, as it allegedly extended beyond the scope of its legislative powers under the Constitution.

The primary legal issues before the Court were whether the Commonwealth's participation in the New Approaches program was authorised by the Constitution, and if the program constituted an invalid attempt to interfere with the internal affairs of the states. The Court had to consider the scope of the Commonwealth's legislative powers, particularly those under section 51(xxxvii) of the Constitution, which relates to the provision of financial assistance to educational institutions on terms and conditions determined by the Commonwealth.

The Court found that the Commonwealth's participation in the New Approaches program was indeed authorised by the Constitution. The judges concluded that the program's objectives were aligned with the Commonwealth's legislative powers, particularly its power to provide financial assistance to educational institutions. The Court held that the program did not constitute an invalid attempt to interfere with the internal affairs of the states, as the conditions attached to the financial assistance were reasonable and did not unduly encroach upon the states' responsibilities. Consequently, the respondents' claims were dismissed.

In summary, the Federal Court of Australia held that the Commonwealth's participation in the New Approaches program was constitutional and did not infringe upon the states' powers. The respondents' claims against the Commonwealth were dismissed, and no further orders were made.

Independent Education Union of Australia; and Queensland Catholic Education Commission

AGREED STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established