DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Institute for Deaf and Blind Children
(AG2016/704)

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN (TELESCHOOL EMPLOYEES) ENTERPRISE AGREEMENT [2016-2018]

Educational services
COMMISSIONER LEE	MELBOURNE, 9 MAY 2016

Application for approval of the Royal Institute for Deaf and Blind Children (Teleschool Employees) Enterprise Agreement [2016-2018].

[1] An application has been made for approval of an enterprise agreement known as the Royal Institute for Deaf and Blind Children (Teleschool Employees) Enterprise Agreement [2016-2018] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2016. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Royal Institute for Deaf and Blind Children, which sought approval for the Teleschool Employees Enterprise Agreement [2016-2018]. The dispute was lodged with the Fair Work Commission, which is responsible for the approval and regulation of enterprise agreements under Australian labour law. The applicants, on behalf of the Royal Institute, aimed to have the proposed agreement recognised and enforced as a legally binding contract between the employer and the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This required the Commission to assess the agreement's compliance with procedural requirements, its fairness to the employees, and whether it adhered to the standards set by the Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, contained the requisite minimum terms and conditions, and did not unfairly disadvantage any party.

The Commission found that the agreement was procedurally valid, having been negotiated between the employer and the employees' representatives in good faith. It was also concluded that the agreement contained all the necessary minimum terms and conditions and did not unfairly disadvantage any party. The Commission took into account the specific circumstances of the employees, the nature of their work, and the need to provide appropriate safeguards for their rights and entitlements. Based on this assessment, the Commission approved the Royal Institute for Deaf and Blind Children (Teleschool Employees) Enterprise Agreement [2016-2018].

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