DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Life Education NSW Limited
(AG2015/5191)

LIFE EDUCATION NSW (EDUCATORS) ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 18 NOVEMBER 2015

Application for approval of the Life Education NSW (Educators) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Life Education NSW (Educators) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Life Education NSW Limited. The agreement is a single enterprise agreement.

[2] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Life Education NSW Limited, applied to the Fair Work Commission for approval of the Life Education NSW (Educators) Enterprise Agreement 2015. The agreement sought to regulate the terms and conditions of employment for educators employed by the respondent, Life Education NSW Limited, a not-for-profit organisation engaged in providing health and drug education to primary and secondary school students. The application for approval was contested by the Australian Education Union, the relevant union for the educators. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the "better off overall test" and contained all the mandated terms and conditions of employment.

The Commission found that the agreement did not include all the mandated terms and conditions of employment, specifically, it did not address the issue of penalty rates for work on public holidays and did not specify the entitlements to long service leave. Despite this, the Commission exercised its discretion to approve the agreement due to the absence of union opposition to the omission of these terms and the absence of any significant detriment to the employees. The Commission also considered the "better off overall test" and found that the educators would be better off overall with the proposed agreement when compared to the applicable award provisions.

In conclusion, the Commission approved the Life Education NSW (Educators) Enterprise Agreement 2015, with the condition that the respondent must include the omitted terms and conditions of employment in the agreement within a specified timeframe. The Commission emphasised the importance of ensuring that all mandated terms and conditions are included in future enterprise agreements to avoid similar issues arising in the future. The approval of the agreement will now allow the parties to move forward in implementing the terms and conditions of employment for the educators employed by Life Education NSW Limited.

Life Education NSW Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established