Royal Institute for Deaf and Blind Children

[2014] FWCA 434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Institute for Deaf and Blind Children
(AG2013/12103)

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN (TELESCHOOL EMPLOYEES) ENTERPRISE AGREEMENT 2014-2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 16 JANUARY 2014

Application for approval of the Royal Institute for Deaf and Blind Children (Teleschool Employees) Enterprise Agreement 2014-2015.

[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 2014-2015 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2014. The nominal expiry date of the Agreement is 30 December 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Royal Institute for Deaf and Blind Children, sought approval of its enterprise agreement for its teleschool employees. The application was heard in the Fair Work Commission, where the decision was made by Commissioner Gilmour. The dispute centred around the terms and conditions of employment for the teleschool employees, with the applicant seeking to have the proposed agreement approved by the Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for minimum terms and conditions as set out in the Act, and whether it was procedurally fair. The applicant argued that the agreement was fair and reasonable, while the Commission had to consider whether the agreement complied with the statutory requirements and did not have an adverse effect on the employees' terms and conditions of employment.

In reaching its decision, the Commission considered the evidence and submissions from both parties. The Commission found that the proposed agreement provided for terms and conditions that were no less favourable than the relevant modern awards and that the agreement was procedurally fair. The Commission also considered the impact of the agreement on the employees and found that it did not have an adverse effect on their terms and conditions of employment. As a result, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Royal Institute for Deaf and Blind Children (Teleschool Employees) Enterprise Agreement 2014-2015, finding that it met the criteria for approval under the Fair Work Act. The Commission determined that the agreement provided for minimum terms and conditions as set out in the Act, and that it was procedurally fair and did not have an adverse effect on the employees' terms and conditions of employment. The agreement was therefore approved, and the applicant's application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established