DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Institute for Deaf and Blind Children
(AG2017/4105)

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN SCHOOL (ITINERANT) TEACHERS AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2017

Application for approval of the Royal Institute for Deaf and Blind Children School Support Services (Itinerant) Teachers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Institute for Deaf and Blind Children School Support Services (Itinerant) Teachers Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Royal Institute for Deaf and Blind Children. 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 29 November 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Royal Institute for Deaf and Blind Children, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement was intended to govern the employment of teachers within the school support services (itinerant) sector of the organisation. The applicant sought the approval under the streamlined approval process, given that the agreement had been approved by the majority of the relevant employees. The Fair Work Commission's task was to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issue for the Commission to consider was whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. The agreement's compliance was evaluated based on various factors, including the provision of genuine bargaining, the agreement's coverage of all relevant employees, and the absence of any provisions that would undermine the safety net of minimum entitlements. Additionally, the Commission assessed whether the agreement provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission concluded that the agreement was in compliance with the necessary legal requirements. The Commission found that the agreement had been genuinely bargained, and that it covered all relevant employees. The Commission also determined that the agreement did not contain any provisions that would undermine the safety net of minimum entitlements, nor did it provide for an unfair or unreasonable outcome for any party. Consequently, the Commission approved the agreement under the streamlined approval process.

The final orders of the Commission included the approval of the Royal Institute for Deaf and Blind Children School Support Services (Itinerant) Teachers Agreement 2017, which would now be in effect for the relevant employees. The agreement would continue to provide for the terms and conditions of employment for the teachers within the school support services (itinerant) sector of the organisation, and it would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

Royal Institute for Deaf and Blind Children

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established