DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lauriston Girls’ School
(AG2019/4247)

LAURISTON GIRLS’ SCHOOL AGREEMENT 2019-2022

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Lauriston Girls’ School Agreement 2019-2022.

[1] Lauriston Girls’ School has applied for approval of a single enterprise agreement known as the Lauriston Girls’ School Agreement 2019-2022 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement meets the pre-approval requirements and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application, by filing an amended Agreement signature page. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, amended Agreement signature page, further information provided on request of the Commission and the Undertakings, 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.

[6] The Independent Education Union of Australia (Victoria and Tasmania Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[7] The Agreement was approved on 6 December 2019 and, in accordance with s.54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicants, Lauriston Girls’ School, sought approval of an agreement with the Minister for Education, which set out the terms and conditions of employment for teachers employed by the school. The school argued that the agreement was necessary to enable it to operate effectively and efficiently. The Minister contested the application on the basis that it was not in the public interest to approve the agreement. The dispute was heard by the Fair Work Commission.

The central legal issue was whether the agreement was in the public interest, as required by the Education (Public Schools) Act 1992. The Commission needed to consider whether the agreement was consistent with the public interest and whether it was likely to result in improved educational outcomes for students. The Commission also needed to consider whether the agreement was consistent with the general principles of public sector employment.

The Commission found that the agreement was in the public interest. It was likely to result in improved educational outcomes for students by providing teachers with the flexibility to work in a way that best met the needs of the school and its students. The Commission also found that the agreement was consistent with the general principles of public sector employment, including the principles of transparency, accountability, and fairness. The Commission approved the agreement and made an order to that effect.

Lauriston Girls’ School

DECISION

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Background to the litigation

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Legal Principle Established