Presbyterian Ladies’ College Summary

[2017] FWCA 4860

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Presbyterian Ladies’ College

(AG2017/2705)

Presbyterian Ladies’ College Teachers Agreement 2017 - 2019

Educational services
Deputy President Colman	BRISBANE, 18 SEPTEMBER 2017

Application for approval of the Presbyterian Ladies’ College Teachers Agreement 2017 -2019.

An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College Teachers Agreement 2017 - 2019 (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.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 18 September 2017 and, in accordance with s.54, will operate from 25 September 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Presbyterian Ladies’ College was seeking approval of its Teachers Agreement 2017-2019 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for teachers at the college. The application was brought before the Fair Work Commission, an independent statutory body with jurisdiction over workplace relations matters in Australia. The primary legal issue before the Commission was whether the proposed agreement was in accordance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission had to assess the fairness and appropriateness of the agreement's terms, particularly in relation to the employment conditions of the teachers.

The Commission examined the application and submissions from both the college and the teachers’ union. It considered the provisions of the agreement, the negotiations between the parties, and the compliance with the relevant legislative frameworks. The Commission found that the agreement contained terms that were fair and reasonable, taking into account the specific circumstances of the school and the bargaining positions of the parties. The Commission approved the Teachers Agreement 2017-2019, noting that it provided for a fair and reasonable outcome for all parties involved.

The Commission’s decision was based on a comprehensive analysis of the agreement's terms and the evidence presented. It concluded that the agreement was not unfair or unreasonable and thus approved it. The Commission's approval of the Teachers Agreement 2017-2019 was a significant step in ensuring that the employment conditions for teachers at the Presbyterian Ladies’ College were appropriately regulated and fair. This decision highlighted the importance of adhering to the statutory frameworks governing workplace agreements and the role of the Fair Work Commission in overseeing these agreements.

Presbyterian Ladies’ College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established