Presbyterian Ladies' College T/A Presbyterian Ladies' College

[2023] FWCA 70

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Presbyterian Ladies' College T/A Presbyterian Ladies' College

(AG2022/5205)

PRESBYTERIAN LADIES' COLLEGE TEACHERS AGREEMENT 2022 - 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 10 JANUARY 2023

Application for approval of the Presbyterian Ladies’ College Teachers Agreement 2022 - 2024

An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College Teachers Agreement 2022 - 2024 (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 T/A Presbyterian Ladies’ College. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union 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.

The Agreement is approved and in accordance with s.54, will operate from 17 January 2023. The nominal expiry date of the Agreement is 10 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Presbyterian Ladies' College applied for approval of the Presbyterian Ladies' College Teachers Agreement 2022-2024. The agreement was the result of negotiations between the College and the Independent Education Union of Australia. The dispute centred on the terms and conditions of employment for teachers at the College, including matters such as remuneration, working hours, and other employment-related issues.

The central legal issue before the Commission was whether the agreement complied with the relevant statutory framework, specifically the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for approval under the Act, including whether it provided for minimum rates of pay, reasonable working hours, and other employment conditions that aligned with the principles of the national workplace relations system.

The Commission found that the agreement was in substantial compliance with the requirements of the Fair Work Act. The agreement provided for minimum rates of remuneration and reasonable working hours, and it included provisions for dispute resolution, professional development, and other matters that were consistent with the national workplace relations system. The Commission also noted that the agreement was the product of genuine bargaining between the parties, and it approved the agreement as meeting the necessary criteria for approval. The Commission made an order approving the Presbyterian Ladies' College Teachers Agreement 2022-2024, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established