DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Ladies' College
(AG2019/440)

PRESBYTERIAN LADIES' COLLEGE TEACHERS AGREEMENT 2019 - 2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2019

Application for approval of the Presbyterian Ladies' College Teachers Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College Teachers Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Presbyterian Ladies’ College. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Presbyterian Ladies' College sought approval of the Presbyterian Ladies' College Teachers Agreement 2019 - 2021. The agreement was proposed to cover approximately 100 teachers who were employed by the school. The dispute centred on whether the agreement adequately reflected the terms and conditions of employment for the teachers, including remuneration, working hours, leave provisions, and other employment-related matters.

The Commission was required to consider whether the agreement met the necessary standards for approval under the Fair Work Act 2009. This included evaluating if the agreement provided for minimum entitlements and other matters that could not be less favourable than those set out in the relevant award or in any applicable registered agreement. The Commission also needed to determine if the agreement provided for proper consultation between the parties and if it was consistent with the objects of the Act, particularly in promoting high levels of employment and the development of cooperative relationships between employers and employees.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement did not adequately address certain issues related to the teachers' remuneration and working conditions. The Commission determined that the proposed agreement fell short of providing the minimum entitlements required under the Act and did not sufficiently reflect the conditions of employment as per the relevant award. Consequently, the Commission did not approve the agreement. The Commission also made orders to ensure that the school and the teachers continued to be guided by the relevant award until a compliant agreement could be negotiated and approved.

Presbyterian Ladies' College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established