DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarremah Steiner School Foundation Inc t/a Tarremah Steiner School
(AG2019/4857)

TARREMAH STEINER SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 FEBRUARY 2020

Application for approval of the Tarremah Steiner School (Teachers) Enterprise Agreement 2019.

[1] Tarremah Steiner School has applied for approval of a single enterprise agreement known as the Tarremah Steiner School (Teachers) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms, passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application by filing an amended application. The bargaining representatives did not oppose the amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The Undertakings make reference to a ‘varied agreement’ which I am satisfied means the Agreement. The Independent Education Union of Australia (Victoria/Tasmania Branch) (IEU) indicated it supports the content of the Undertakings and, in any event, the bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The IEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 26 February 2020 and, notwithstanding clause 6.1 and in accordance with s.54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 22 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tarremah Steiner School Foundation Inc t/a Tarremah Steiner School, the Australian Industrial Relations Commission was tasked with deciding whether to approve the Tarremah Steiner School (Teachers) Enterprise Agreement 2019. The application for approval was brought by the Tarremah Steiner School Foundation Inc, as the employer, and the relevant union, which represented the teachers at the school. The primary dispute centred on whether the proposed agreement complied with the necessary legal standards and provisions under the Fair Work Act 2009.

The central legal issues before the court involved ensuring that the proposed enterprise agreement met all the statutory requirements for approval under the Fair Work Act. This included verifying whether the agreement was made in good faith, whether it adhered to the process outlined in the Act, and whether it contained all the necessary minimum terms and conditions as stipulated by law. Additionally, the court had to consider whether the agreement addressed the interests of both parties fairly and whether it was consistent with the broader industrial relations framework.

In rendering its decision, the court meticulously examined the terms and conditions proposed in the agreement. It found that the agreement was made in good faith and followed the required procedural steps. The court also determined that the agreement included all the mandated minimum terms and conditions and was fair and reasonable in its provisions. Consequently, the court approved the Tarremah Steiner School (Teachers) Enterprise Agreement 2019, recognising it as compliant with all relevant legal standards. The court's approval of the agreement signifies its endorsement of the negotiated terms as being in the best interests of both the school and the teachers.

Tarremah Steiner School Foundation Inc t/a Tarremah Steiner School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established