DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Methodist Ladies' College Limited
(AG2018/2921)

METHODIST LADIES' COLLEGE LIMITED (TEACHERS AND TECHNICIANS) AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	DARWIN, 6 AUGUST 2018

Application for approval of the Methodist Ladies' College Limited (Teachers and Technicians) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Methodist Ladies’ College Limited (Teachers and Technicians) Agreement 2018 (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 Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2018. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Methodist Ladies’ College Limited sought approval of a new enterprise agreement under the Fair Work Act 2009. The application was contested by the Education Services Union of Victoria, which argued the agreement did not meet the requirements of the Act. The application came before the Fair Work Commission, which was required to determine whether the agreement complied with the Act and its regulations. The legal issues the court had to address included whether the agreement was made in good faith, whether it facilitated the improvement of workplace relations, and whether it complied with the relevant provisions of the Act. The Court examined the bargaining process, the content of the agreement, and the views of the parties involved.

The Court found that the agreement was made in good faith and facilitated the improvement of workplace relations. It found that the process of developing the agreement was inclusive and involved consultation with the union. The Court also found that the content of the agreement met the requirements of the Act, including provisions relating to wages, conditions of employment, and dispute resolution. The Court rejected the union’s argument that the agreement did not comply with the Act because it did not include provisions for job security and redundancy. The Court held that the agreement was not required to include provisions for job security and redundancy because these matters were not bargaining issues.

The Court approved the agreement and made an order accordingly. The order approved the Methodist Ladies’ College Limited (Teachers and Technicians) Agreement 2018, which will now be binding on the parties. The union’s application to set aside the approval was dismissed. The Court held that the agreement was fair and reasonable and facilitated the improvement of workplace relations. The Court also found that the agreement did not discriminate against any person or group of persons on any irrelevant ground. The Court held that the agreement was in the public interest and approved it accordingly.

Methodist Ladies' College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established