DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suneden Intellectually Disabled Children’s Association Inc T/A Suneden Special School
(AG2016/7807)

SUNEDEN SPECIAL SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 10 MARCH 2017

Application for approval of the Suneden Special School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Suneden Special School Enterprise 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 Suneden Intellectually Disabled Children’s Association Inc T/A Suneden Special 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union (South Australia) Incorporated 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 31 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Suneden Intellectually Disabled Children’s Association Inc trading as Suneden Special School, sought approval of an Enterprise Agreement that had been negotiated with its employees. The application was brought before the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009. The dispute centred around the contents of the agreement, specifically provisions regarding employee entitlements and working conditions.

The central legal issue was whether the provisions of the Enterprise Agreement met the requirements set forth by the Fair Work Act. This involved examining if the agreement covered all mandatory terms and conditions, did not unfairly discriminate, and was made in good faith. The Commission had to assess the fairness and compliance of each provision, ensuring they met the legislative standards for enterprise agreements.

The Fair Work Commission determined that while the majority of the agreement was compliant, certain provisions needed adjustment to meet the requirements of the Act. The Commission made specific findings regarding the need for amendments to provisions concerning employee entitlements, particularly around leave entitlements and shift differentials. After the necessary amendments were made, the Commission approved the agreement, finding it to be fair and compliant with the Act.

The Fair Work Commission approved the Enterprise Agreement, subject to the amendments made to certain provisions. These amendments were designed to ensure full compliance with the Fair Work Act, addressing the specific concerns raised during the assessment. The Commission’s decision effectively resolved the dispute, allowing the agreement to proceed as intended by the parties involved.

Suneden Intellectually Disabled Children’s Association Inc T/A Suneden Special School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established