DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Institute for Deaf and Blind Children
(AG2018/5106)

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN THERAPY AND EARLY CHILDHOOD EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2019

Application for approval of the Royal Institute for Deaf and Blind Children Therapy and Early Childhood Employees Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Royal Institute for Deaf and Blind Children Therapy and Early Childhood Employees Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Institute for Deaf and Blind Children. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 Independent Education Union of Australia and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Institute for Deaf and Blind Children sought approval of their Therapy and Early Childhood Employees Enterprise Agreement 2017-2020, which was contested by the Department of Employment. The matter was heard in the Fair Work Commission, with the Commission tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues revolved around whether the agreement contained all the necessary provisions required by the Fair Work Act 2009, and whether it was made in good faith and without coercion. The Commission needed to ascertain if the agreement complied with the minimum standards set by the Act, including provisions for minimum wages, penalty rates, and other employment conditions.

In examining the agreement, the Commission considered the processes followed in its creation, including the extent of employee and employer consultation, and the fairness of the terms. The evidence presented showed that the agreement was negotiated in good faith, with adequate consultation and without coercion. The Commission found that the agreement met the statutory requirements, including all necessary provisions and minimum standards. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework.

The final orders confirmed the approval of the Royal Institute for Deaf and Blind Children Therapy and Early Childhood Employees Enterprise Agreement 2017-2020, effective from the specified dates. The decision underscored the importance of adhering to statutory requirements and good faith negotiation in enterprise agreements.

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