DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Institute for Deaf and Blind Children
(AG2015/1242)

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN SCHOOL SUPPORT SERVICES (ITINERANT) TEACHERS AGREEMENT 2015-2017

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 17 JUNE 2015

Application for approval of the Royal Institute for Deaf and Blind Children School Support Services (Itinerant) Teachers Agreement 2015-2017.

[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 2015-2017 (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 Institution 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 24 June 2015. The nominal expiry date of the Agreement is 31 January 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Royal Institute for Deaf and Blind Children for approval of the Royal Institute for Deaf and Blind Children School Support Services (Itinerant) Teachers Agreement 2015-2017. The application was made to the Fair Work Commission, an independent statutory tribunal with jurisdiction to make binding decisions in matters relating to employment and workplace relations.

The primary legal issue before the Commission was whether the agreement, which proposed to provide for the employment terms and conditions of certain teachers, met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely intended to be a collective agreement, if it complied with the requirements for good faith bargaining, and if it would provide a safety net for employees.

The Commission found that the agreement was genuinely intended to be a collective agreement and that the bargaining process had been conducted in good faith. The Commission noted that the agreement provided for a safety net of minimum wages and conditions for the teachers and that it included provisions for dispute resolution and the right to be free from adverse action. The Commission also found that the agreement did not contain any terms that would have a detrimental effect on the health, safety, or welfare of employees. Accordingly, the Commission approved the agreement, finding that it met all of the necessary criteria.

The Fair Work Commission approved the Royal Institute for Deaf and Blind Children School Support Services (Itinerant) Teachers Agreement 2015-2017, finding that it met all of the necessary criteria for approval under the Fair Work Act. The Commission found that the agreement was genuinely intended to be a collective agreement, that it complied with the requirements for good faith bargaining, and that it provided a safety net of minimum wages and conditions for employees. The Commission also found that the agreement did not contain any terms that would have a detrimental effect on the health, safety, or welfare of employees. The approval of the agreement ensures that the teachers employed under it will have their employment terms and conditions protected by a legally binding agreement.

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