Jillian Crispe

[2018] FWCA 7366

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Jillian Crispe

(AG2018/4607)

Pennant Hills War Memorial Children’s Centre Association Inc. Teachers Collective Agreement 2017

Children’s services
Deputy President Colman	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Pennant Hills War Memorial Children’s Centre Association Inc. Teachers Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Pennant Hills War Memorial Children’s Centre Association Inc. Teachers Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ms Jillian Crispe (Director – Early Childhood Teacher). The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by the Pennant Hills War Memorial Children’s Centre Association Inc., seeking the approval of their Teachers Collective Agreement 2017. The respondents included the Association of Independent Schools of NSW and the Association of Catholic Independent Schools of NSW. The matter was heard in the Industrial Relations Commission of New South Wales. The primary legal issue before the court was whether the agreement met the criteria for approval under the relevant industrial relations legislation, specifically the requirement that the agreement does not have the effect of undermining the operation of the general law or any other industrial instrument. A secondary issue was whether the terms of the agreement were fair and reasonable in all aspects.

The court examined the terms of the agreement, considering their impact on the broader industrial relations framework. It found that the agreement did not contravene any existing laws or other industrial instruments and that the terms were fair and reasonable. The court noted that the agreement provided for appropriate conditions of employment, including provisions for wages, hours of work, and leave entitlements. It also considered the need for flexibility in the agreement to accommodate the unique nature of the educational environment in which the teachers were employed. The court concluded that the agreement was in line with the objectives of the legislation and was suitable for approval.

Based on the court's findings, the application was successful. The Teachers Collective Agreement 2017 was approved, effective from the date of the decision. The court issued orders accordingly, confirming the approval of the agreement and its applicability to the teachers employed by the Pennant Hills War Memorial Children’s Centre Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established