Scotch College Summary

[2013] FWCA 5072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scotch College
(AG2013/7401)

SCOTCH COLLEGE TEACHERS AGREEMENT 2013

Educational services
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 JULY 2013

Application for approval of the Scotch College Teachers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Scotch College Teachers Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scotch College applied to the Fair Work Commission for approval of the Scotch College Teachers Agreement 2013. The application was contested by the Australian Education Union, which submitted that the proposed agreement did not comply with the Fair Work Act 2009, as it failed to provide for the right of teachers to take protected industrial action. The Fair Work Commission, presided over by Commissioner McCabe, was required to determine whether the proposed agreement complied with the relevant legislative provisions and whether it provided for the necessary protections for the teachers.

The Commission examined the provisions of the agreement in light of the statutory requirements and considered the nature of the industrial action to which teachers were entitled under the Act. The Commission noted that the proposed agreement included provisions that effectively prevented teachers from engaging in protected industrial action by requiring prior approval from the school council for any strike action. The Commission held that these provisions were inconsistent with the legislative framework, which allows for protected industrial action as a means of resolving workplace disputes. Consequently, the Commission found that the proposed agreement did not comply with the Fair Work Act 2009 and rejected the application for approval.

The Commission's decision was based on its interpretation of the statutory provisions and its consideration of the implications of the proposed agreement for the rights of teachers. The Commission emphasised the importance of ensuring that agreements provide for the necessary protections for employees, including the right to engage in protected industrial action. The Commission's decision highlights the need for careful drafting of workplace agreements to ensure compliance with the relevant legislative framework.

Scotch College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established