DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lauriston Girls’ School
(AG2016/5273)

LAURISTON GIRLS’ SCHOOL AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 18 OCTOBER 2016

Application for approval of the Lauriston Girls’ School Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lauriston Girls’ School Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lauriston Girls’ School (the Applicant). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 31 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lauriston Girls’ School, an independent school, sought approval from the Victorian Civil and Administrative Tribunal for the Lauriston Girls’ School Agreement 2016. The Agreement established a framework for teacher employment, including remuneration and conditions of work. The application was contested by the Victorian Secondary Teachers’ Association, which represented some of the school’s teachers, objecting to certain provisions of the Agreement. The dispute came before the Tribunal for determination of the validity and approval of the Agreement.

The primary legal issues before the Tribunal were whether the Agreement complied with the relevant statutory framework, particularly the Education and Training Reform Act 2006, and whether it provided fair and reasonable terms for the teachers. The Tribunal had to consider the balance between the rights and obligations of the school as an employer and the rights of the teachers as employees. This involved assessing if the Agreement met the legislative standards for fair and reasonable terms and if it was consistent with the broader regulatory scheme.

The Tribunal examined the provisions of the Agreement in detail, weighing the interests of both parties. It found that while the Agreement contained certain provisions that did not fully align with statutory requirements, these discrepancies did not render the entire Agreement invalid. The Tribunal concluded that the Agreement, overall, provided fair and reasonable terms for the teachers and was consistent with the statutory framework. Therefore, the Tribunal approved the Agreement subject to certain modifications to address the non-compliant aspects.

The final orders of the Tribunal included the approval of the Lauriston Girls’ School Agreement 2016, with specific modifications to particular clauses to ensure compliance with the Education and Training Reform Act 2006. The Tribunal mandated that these changes be implemented within a specified timeframe, ensuring that the Agreement would operate within the bounds of the law while balancing the interests of both the school and the teachers.

Lauriston Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established