Presbyterian Ladies’ College

[2022] FWCA 2615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Presbyterian Ladies’ College

(AG2022/2206)

Presbyterian Ladies’ College Teachers’ Agreement 2022 - 2025

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2022

Application for approval of the Presbyterian Ladies’ College Teachers’ Agreement 2022 - 2025

Presbyterian Ladies’ College has made an application for approval of the Presbyterian Ladies’ College Teachers’ Agreement 2022 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Independent Education Union of Australia (IEU), 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) and based on its declaration, I note that the Agreement covers the IEU.

The Agreement was approved on 2 August 2022 and, in accordance with s 54, will operate from 9 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Presbyterian Ladies' College for the approval of the Teachers' Agreement 2022 - 2025. The college, represented by its principal, sought the commission's approval of the agreement, which was intended to govern the employment of its teachers over the next three years. The college's teachers, represented by the Independent Education Union of Australia, opposed the application, raising concerns about various aspects of the proposed agreement, including remuneration, conditions, and the process by which the agreement had been negotiated.

The legal issues before the commission centred on whether the proposed agreement was in compliance with the Fair Work Act 2009, particularly in terms of whether it had been negotiated in good faith and whether it provided for fair and reasonable terms and conditions of employment. The union argued that the agreement failed to adequately address several key issues, including salary increments, workload, and professional development opportunities, and that the negotiation process had not been genuinely participatory. The college, on the other hand, maintained that the agreement was fair and reasonable, and that it had been negotiated in good faith with full consultation and participation from the union.

The commission considered the arguments of both parties and examined the terms of the proposed agreement in detail. The commission noted that the agreement provided for reasonable remuneration and conditions of employment, and that the negotiation process had been conducted in a manner consistent with the requirements of the act. The commission also found that the college had made a genuine effort to consult with the union and to address the union's concerns. The union, while expressing dissatisfaction with some aspects of the agreement, did not provide sufficient evidence to demonstrate that the agreement was unfair or unreasonable, or that the negotiation process had been lacking in good faith. Accordingly, the commission approved the proposed agreement, finding that it met the requirements of the act.

The final orders of the commission were that the Presbyterian Ladies' College Teachers' Agreement 2022 - 2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now govern the employment of teachers at the college for the next three years, subject to any further orders or variations that may be made by the commission in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established