Pembroke School Inc Summary

[2014] FWCA 578

FAIR WORK COMMISSION

DECISION

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

Pembroke School Inc
(AG2013/12121)

PEMBROKE SCHOOL ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER STEEL	ADELAIDE, 23 JANUARY 2014

Application for approval of the Pembroke School Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pembroke School Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Independent Education Union of Australia (SA), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 30 January 2014. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Pembroke School Inc was the applicant seeking approval of an enterprise agreement from the Fair Work Commission. The respondents included the teachers' union and the school, which opposed the application on various grounds. The application was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. This involved examining whether the agreement provided for appropriate minimum terms and conditions, including pay rates and working conditions, and whether it was negotiated in good faith. The respondents argued that the agreement did not adequately protect teachers' rights and did not reflect the terms of a previous agreement.

The Commission found that while the proposed agreement had some shortcomings, it was largely fair and reasonable. The Commission emphasised the importance of the negotiation process and the need for agreements to provide for fair and reasonable terms. After considering submissions from both parties, the Commission approved the agreement with certain modifications to address the concerns raised by the respondents. These modifications included adjustments to the pay rates and the incorporation of specific clauses to ensure the protection of teachers' rights.

The final orders included the approval of the enterprise agreement with the modifications made by the Commission. The agreement was to be implemented as per the specified timeline, and both parties were directed to comply with the terms of the approved agreement. The Commission's decision balanced the need for a fair agreement with the necessity to maintain industrial harmony.

Pembroke School Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established