DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarremah Steiner School Foundation Inc
(AG2016/2719)

TARREMAH STEINER SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	HOBART, 4 MAY 2016

Application for approval of the Tarremah Steiner School (Teachers) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tarremah Steiner School (Teachers) 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 Tarremah Steiner School Foundation Inc. 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Tarremah Steiner School Foundation Inc applied for approval of the Tarremah Steiner School (Teachers) Enterprise Agreement 2016. The application was opposed by the Australian Education Union (AEU). The AEU argued that the enterprise agreement did not meet the requirements of the Fair Work Act 2009 as it failed to provide for the terms and conditions of employment of teachers and did not adequately address minimum wages and conditions.

The legal issues before the Commission were whether the enterprise agreement complied with the statutory requirements for approval, particularly focusing on whether it provided for the terms and conditions of employment as mandated by the Act. The Commission considered the provisions of the agreement, including its coverage, classification of employees, and whether it met the minimum standards set by the Act. The AEU argued that the agreement did not adequately address the minimum wage and conditions for teachers.

The Commission found that the enterprise agreement provided for the terms and conditions of employment of teachers and met the requirements of the Fair Work Act 2009. It determined that the agreement sufficiently covered the classification of employees and provided for minimum wages and conditions. The Commission approved the application, finding that the agreement was fair and reasonable, and that it met the statutory requirements for approval.

The Fair Work Commission approved the Tarremah Steiner School (Teachers) Enterprise Agreement 2016. The Commission found that the agreement met the statutory requirements for approval and provided for the terms and conditions of employment of teachers, including minimum wages and conditions. The Commission rejected the AEU's opposition to the approval of the agreement.

Tarremah Steiner School Foundation Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established