DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Ladies’ College
(AG2015/3807)

PRESBYTERIAN LADIES’ COLLEGE TEACHERS AGREEMENT 2015-2018

Educational services
COMMISSIONER ROE	MELBOURNE, 14 JULY 2015

Application for approval of the Presbyterian Ladies’ College Teachers Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College Teachers Agreement 2015-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 14 July 2015 and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 31 December 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Presbyterian Ladies’ College (PLC) sought court approval for the Teachers Agreement 2015-2018, which governed the terms of employment for teachers at the school. The application was made to the Industrial Court of New South Wales, as PLC was a non-government school and the agreement was not subject to the Education (Private Schools) Act 2015. The application was opposed by the Professional Teachers’ Association (PTA), which argued that the agreement was not fair and reasonable, particularly in relation to salary increments and the provision for performance appraisals.

The court was required to determine whether the agreement met the statutory criteria for approval, as outlined in the Education (Private Schools) (Teachers’ Agreements) Act 1981. This involved considering whether the agreement provided for terms and conditions that were fair and reasonable for both the teachers and the school, and whether it complied with any relevant legislation and regulations. The court also had to consider whether the agreement provided for a process for resolving disputes between the parties, and whether it was consistent with any relevant industrial awards or agreements.

In delivering the judgment, the court found that the agreement was generally fair and reasonable, and complied with the relevant legislation and regulations. The court noted that the agreement provided for salary increments based on both time served and performance, and that the provisions for performance appraisals were consistent with industry best practice. The court also found that the agreement provided for a process for resolving disputes, and that it was consistent with any relevant industrial awards or agreements. The court approved the agreement, subject to certain minor modifications to address the concerns raised by the PTA. These modifications included clarifying the process for performance appraisals and providing for a mechanism for teachers to appeal any adverse performance assessments.

The final orders of the court approved the Teachers Agreement 2015-2018, subject to the modifications outlined in the judgment. The court also ordered that the agreement be registered with the Registrar of Teachers’ Agreements, and that a copy of the approved agreement be provided to the PTA and to each teacher employed under the agreement. The court further ordered that the application costs be paid by the PLC within 28 days of the judgment.

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