Mr Anthony Apted

[2013] FWCA 7643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mr Anthony Apted
(AG2013/8023)

THE HUTCHINS SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2013

Application for approval of The Hutchins School (Teachers) Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as The Hutchins School (Teachers) Enterprise Agreement 2013 (the Agreement). The application was made by employee bargaining representative Mr Anthony Apted pursuant to s.185 of the Fair Work Act 2009 (the Act). The employer covered by the Agreement is The Hutchins School.

[2] The employer has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mr Anthony Apted, a teacher at The Hutchins School, sought approval of the 2013 Enterprise Agreement from the Fair Work Commission. The dispute centred on the interpretation and application of the Fair Work Act 2009 and the agreement's provisions, particularly those concerning teacher workloads and responsibilities.

The legal issues primarily revolved around whether the agreement met the requirements of the Fair Work Act, including whether it was made in good faith and whether it included appropriate provisions for employee protections. A key issue was whether the agreement's workload provisions for teachers were reasonable and did not unfairly disadvantage any party.

The Fair Work Commission examined the agreement's provisions against the backdrop of the Act, considering the balance of rights and obligations of both employers and employees. The Commission found that the agreement, while not perfect, was made in good faith and contained provisions that were fair and reasonable in the context of the employment relationship. The Commission approved the agreement, noting that it provided a fair framework for the employment relationship that accommodated the needs of both parties.

The Commission's decision approved the Enterprise Agreement, subject to certain conditions designed to ensure that it operated effectively and equitably. The final orders confirmed the agreement's approval, with the understanding that any disputes arising under the agreement would be addressed through the mechanisms provided within the agreement and the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established