DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IR Squared
(AG2019/4951)

ESSINGTON SCHOOL DARWIN LIMITED ENTERPRISE BARGAINING AGREEMENT 2019-21

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 10 FEBRUARY 2020

Application for approval of the Essington School Darwin Limited Enterprise Bargaining Agreement 2019-21.

[1] An application has been made for approval of an enterprise agreement known as the Essington School Darwin Limited Enterprise Bargaining Agreement 2019-21 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IR Squared. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 17 February 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants in this matter were the Independent Education Union of Australia and the Essington School Darwin Limited. They sought the court's approval of the Essington School Darwin Limited Enterprise Bargaining Agreement 2019-21. The application was heard in the Fair Work Commission (FWC) by Commissioner Gaunt. The applicants argued that the agreement provided for appropriate terms and conditions for employees, and that it was in the best interests of the bargaining parties.

The central legal issue before the court was whether the agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement and if it included all the necessary terms and conditions. The applicants needed to demonstrate that the agreement was not disadvantageous to employees and that it was made in good faith.

The FWC found that the agreement met all the necessary requirements under the Fair Work Act. The agreement was genuine and had been made in good faith, as evidenced by the negotiation process and the participation of both parties. The agreement also included all the required terms and conditions, including minimum wages, leave entitlements, and other employment-related matters. The FWC concluded that the agreement was not disadvantageous to employees and was in their best interests. The court approved the agreement, and it became effective from 1 January 2020.

IR Squared

DECISION

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Background to the litigation

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Legal Principle Established