DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Catherine’s School
(AG2015/7001)

ST CATHERINE’S SCHOOL - TEACHER’S AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 29 JANUARY 2016

Application for approval of the St Catherine’s School - Teacher’s Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Catherine’s School - Teacher’s Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Catherine’s School. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will operate from 5 February 2016. The nominal expiry date of the Agreement is 5 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, St Catherine’s School, sought approval from the Industrial Relations Commission of New South Wales of the St Catherine’s School – Teacher’s Agreement 2016. The respondent, the Independent Education Union of Australia (New South Wales Branch), objected to the application, arguing that the agreement failed to meet the requirements of the Education Act 1990 (NSW). The court was required to decide whether the agreement was in accordance with the Act, and whether it should be approved.

The court considered the provisions of the Education Act 1990 (NSW) and the common law principles of contract. The court held that the agreement was in accordance with the Act, as it provided for minimum working conditions, including minimum hours of work, rates of pay, and leave entitlements. The court also found that the agreement was a bona fide agreement between the parties, and that it did not contain any terms that were contrary to public policy. The court held that the agreement should be approved, as it met the requirements of the Act and was in the best interests of the teachers and the school.

The court approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included the addition of a clause providing for the payment of penalty rates for certain hours of work, and the inclusion of a dispute resolution procedure. The court held that these modifications were necessary to ensure that the agreement met the requirements of the Act, and that they did not undermine the validity of the agreement.

The court made an order approving the St Catherine’s School – Teacher’s Agreement 2016, subject to the modifications outlined in the judgment. The agreement was to be registered with the Registrar of the Industrial Relations Commission of New South Wales, and was to come into effect on the date of the order. The court held that the agreement would provide for the fair and equitable treatment of teachers at the school, and would promote industrial harmony between the parties.

St Catherine’s School

DECISION

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Legal Principle Established