The Burgmann Anglican School

[2021] FWCA 7325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Burgmann Anglican School
(AG2021/8799)

INDEPENDENT SCHOOLS NSW/ACT STANDARDS MODEL (TEACHERS) ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 24 DECEMBER 2021

Application for approval of the Independent Schools NSW/ACT Standards Model (Teachers) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Independent Schools NSW/ACT Standards Model (Teachers) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Burgmann Anglican School (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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.

[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 1 February 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Burgmann Anglican School, represented by Independent Schools NSW/ACT, applied for approval of the Independent Schools NSW/ACT Standards Model (Teachers) Enterprise Agreement 2021. The matter was heard in the Federal Circuit and Family Court of Australia. The application involved determining whether the terms of the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was necessary to provide adequate remuneration and working conditions for teachers employed by the school. The dispute centred on whether the agreement complied with the legislative requirements for such agreements, particularly regarding the balance of benefits and detriments to the employees.

The court had to decide whether the proposed enterprise agreement met the statutory criteria for approval. This involved assessing whether the agreement provided a fair and reasonable balance of benefits and detriments to the employees, and whether it complied with other relevant provisions of the Fair Work Act. The court also considered whether the agreement appropriately addressed the needs of the employees and the school, and whether it was consistent with the broader principles of industrial relations law.

The court found that the proposed agreement was compliant with the statutory requirements. It determined that the agreement provided a fair and reasonable balance of benefits and detriments to the teachers. The court also noted that the agreement addressed the specific needs of the employees and the school, and was consistent with the principles of industrial relations law. The court concluded that the application for approval should be granted, as the agreement met all the necessary criteria for approval under the Fair Work Act.

The final orders of the court were that the application for approval of the Independent Schools NSW/ACT Standards Model (Teachers) Enterprise Agreement 2021 be granted. This decision allowed the agreement to be implemented and provided a framework for the remuneration and working conditions of teachers employed by the school. The approval of the agreement was subject to the ongoing compliance with the Fair Work Act and the terms of the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established