Methodist Ladies’ College

[2018] FWCA 7004

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Methodist Ladies’ College

(AG2018/3162)

Methodist Ladies’ College Teachers’ Agreement 2018-2020

Educational services
Commissioner Bissett	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Methodist Ladies’ College Teachers’ Agreement 2018 - 2020.

An application has been made for approval of an enterprise agreement known as the Methodist Ladies’ College Teachers’ Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Methodist Ladies’ College. 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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Methodist Ladies' College sought approval for the Methodist Ladies' College Teachers' Agreement 2018-2020 from the Fair Work Commission. The application was contested by the Australian Education Union, which argued that the agreement did not adequately protect the rights of teachers and failed to comply with relevant legislative provisions. The dispute centred on whether the agreement provided sufficient protections for teachers, including provisions related to workload, professional development, and termination of employment.

The court needed to determine whether the agreement met the requirements set out in the Fair Work Act 2009. This involved examining whether the agreement was a "modern award" and if it provided for the protection of teachers' rights and interests. The court also needed to consider if the agreement was consistent with the principles of enterprise bargaining and whether it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that while the agreement contained many provisions that were consistent with the relevant legislation, it did not adequately address certain issues related to workload and professional development. The court held that the agreement failed to provide sufficient protections for teachers in these areas and, therefore, did not meet the requirements for approval. Consequently, the application for approval was dismissed. The Commission provided detailed feedback to the parties on how the agreement could be amended to meet the necessary legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established