DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian and Methodist Schools Association
(AG2017/3550)

PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the Presbyterian and Methodist Schools Association Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian and Methodist Schools Association Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Presbyterian and Methodist Schools Association. The Agreement is a single enterprise agreement.

[2] The Applicant 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 15 November 2017. 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 Presbyterian and Methodist Schools Association sought approval of their Enterprise Agreement 2017, which governs the employment conditions of teachers in their schools. The dispute was brought before the Fair Work Commission, Australia's industrial relations tribunal. The key issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided a fair and reasonable outcome for both the employers and the employees.

The Commission considered various aspects of the agreement, including the provisions relating to wages, working conditions, leave entitlements, and dispute resolution mechanisms. The Commission noted that the agreement had been negotiated in good faith and that both parties had made compromises to reach a mutually acceptable outcome. The Commission was satisfied that the agreement complied with the statutory requirements and that it provided a fair and reasonable outcome for both the employers and the employees.

Accordingly, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act. The decision provides guidance for other parties negotiating enterprise agreements in the education sector and highlights the importance of good faith negotiations and compromise in reaching a fair and reasonable outcome. The Commission's decision is final and binding, and the agreement is now in effect for the duration specified within it.

Presbyterian and Methodist Schools Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established