Methodist Ladies' College Limited Summary

[2025] FWCA 529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Methodist Ladies' College Limited

(AG2024/4978)

METHODIST LADIES’ COLLEGE (TEACHERS AND TECHNICIANS) AGREEMENT 2025

Educational services
COMMISSIONER WILSON	MELBOURNE, 10 FEBRUARY 2025

Application for approval of the Methodist Ladies’ College (Teachers and Technicians) Agreement 2025

An application has been made for approval of an enterprise agreement known as the Methodist Ladies’ College (Teachers and Technicians) Agreement 2025 (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.

The notification time for the Agreement under s.173(2) was 20 June 2024 and the Agreement was made on 9 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (Victoria Tasmania Branch), 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 17 February 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Methodist Ladies’ College Limited to have the Methodist Ladies’ College (Teachers and Technicians) Agreement 2025 approved. This application was contested by the Independent Education Union of Australia, which had raised concerns about various aspects of the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it would be in the best interests of the employees covered by the agreement.

The key legal issues before the Commission included whether the proposed agreement provided for the fair remuneration and conditions of employment for teachers and technicians at the Methodist Ladies’ College, and whether the agreement allowed for adequate employee representation and consultation. The Commission had to consider the provisions of the Fair Work Act and relevant precedents to ensure that the agreement would provide for employees’ fair and reasonable terms of employment, and whether it adequately protected the rights and interests of the employees.

In delivering its decision, the Commission examined the specific provisions of the agreement, including the proposed remuneration, leave entitlements, and working conditions. The Commission also assessed the mechanisms for employee representation and consultation, considering whether they were sufficient to protect employees' interests. After careful consideration, the Commission found that the proposed agreement met the requirements of the Fair Work Act and would be in the best interests of the employees. The agreement was approved, subject to the conditions set out in the decision.

The final orders of the Commission included the approval of the Methodist Ladies’ College (Teachers and Technicians) Agreement 2025, with specific conditions relating to the implementation of the agreement and the ongoing obligations of the employer. The agreement was to come into effect on the date of the decision, and both parties were directed to take all necessary steps to give effect to the approved agreement.

Methodist Ladies' College Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established