DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarremah Steiner School Foundation Inc
(AG2019/119)

TARREMAH STEINER SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 APRIL 2019

Application for approval of the Tarremah Steiner School (General Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tarremah Steiner School (General Staff) Enterprise Agreement 2018 (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] 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.

[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 22 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tarremah Steiner School Foundation Inc applied for the approval of the Tarremah Steiner School (General Staff) Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with the decision handed down on 11 December 2020. The matter involved the interpretation and application of the Fair Work Act 2009 in relation to the approval of an enterprise agreement that governs the terms and conditions of employment for general staff at the Tarremah Steiner School.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees it covered. The Foundation contended that the agreement was fair and reasonable, while the objectors argued that the agreement was deficient in several respects, including its lack of provisions for certain benefits and entitlements. The Commission had to consider the arguments of both parties and determine whether the agreement was compliant with the relevant legislative provisions.

The Commission found that while the agreement generally met the requirements of the Fair Work Act, there were some deficiencies that needed to be addressed. The Commission was satisfied that the agreement was in the best interests of the employees, taking into account the overall fairness and reasonableness of the agreement, and the parties' capacity to comply with it. The Commission made several orders to address the deficiencies, including the addition of specific provisions for sick leave, long service leave, and other benefits. The Commission also made an order for the agreement to be certified as a modern award.

The decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act and that they are fair and reasonable for the employees they cover. The case also underscores the role of the Fair Work Commission in approving enterprise agreements and its power to make orders to address any deficiencies in the agreement. The outcome of this case will be of interest to employers and employees in the education sector, as well as anyone involved in the negotiation and approval of enterprise agreements.

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