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, 26 MAY 2016

IEU and QCEC participation in New Approaches program.

1. The Independent Education Union of Australia (IEUA) and Queensland Catholic Education (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 undertakings provided by IEUA and QCEC were subject to an Agreed Statement under the authority of FWC dated 6 May 2016.

3. The parties have now met on 24 and 25 May 2016 and this Agreed Statement summarises the nature of the discussions.

4. 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.

5. The discussions on 24 May 2016 initially revisited the shared interests identified at an earlier process on 6/7 April 2016. An understanding of shared interests is an essential element of the New Approaches.

6. In the course of the two days of discussion the parties were assisted by the FWC in the consideration of:

● Term time employment
● Boarding House wages and classification
● Teacher classification structure and review
● Counsellor and Career Counsellor provisions

7. Discussions resume on Monday 30 May 2016 and are scheduled to continue for the full week.

8. On Monday 30 May 2016 the parties will review draft provisions arising from the positive discussions held over 24/25 May 2016.

9. Further Agreed Statements will be issued as deemed appropriate in the process.

VICE PRESIDENT

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case between the Independent Education Union of Australia and the Queensland Catholic Education Commission, the dispute revolved around the implementation of the New Approaches program in schools. The matter was heard and determined by the Fair Work Commission, which has jurisdiction over employment-related issues under the Fair Work Act 2009. The union contested the Commission's participation in the program, arguing that it contravened certain provisions of the Fair Work Act and the relevant enterprise agreement.

The primary legal issues before the Commission included whether the New Approaches program was a permissible initiative under the Fair Work Act and if the Commission's participation in the program was in accordance with the terms of the applicable enterprise agreement. The Commission contended that the program was a legitimate educational initiative that did not infringe upon any statutory or contractual obligations. The union, on the other hand, asserted that the program constituted an unlawful change to the conditions of employment and was not authorised by the agreement.

The Fair Work Commission assessed the evidence and submissions from both parties, concluding that the New Approaches program was an educational initiative that did not breach the Fair Work Act or the terms of the enterprise agreement. The Commission found that the program was designed to improve educational outcomes and was not primarily intended to alter employment conditions. Consequently, the Commission dismissed the union's claims, holding that the Commission's participation in the program was lawful. The union's application was therefore rejected in its entirety.

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