The Essington School Darwin

[2023] FWCA 1812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Essington School Darwin

(AG2023/1638)

ESSINGTON SCHOOL DARWIN LIMITED ENTERPRISE BARGAINING AGREEMENT 2022-2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 21 JUNE 2023

Application for approval of the Essington School Darwin Limited Enterprise Bargaining Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Essington School Darwin Limited Enterprise Bargaining Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Essington School Darwin. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Independent Education Union 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.

The Agreement is approved and in accordance with s.54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Essington School Darwin Limited sought approval of their Enterprise Bargaining Agreement 2022-2025, which was contested by the Catholic Education Office Darwin. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement complied with the relevant industrial laws and provided a fair and reasonable outcome for all parties involved.

The primary legal issue before the Commission was whether the proposed Enterprise Bargaining Agreement (EBA) met the criteria set out in the Fair Work Act 2009, including the requirement that it be free from prohibited content and provide for the proper protection of employees' rights. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for both the employer and employees.

In assessing the EBA, the Commission took into account the parties' bargaining positions, the nature of the agreement, and its compliance with the relevant industrial laws. The Commission found that the EBA provided for fair and reasonable terms and conditions of employment, including provisions for pay, leave, and other benefits. It was also concluded that the agreement was made in good faith and did not contain any prohibited content. Therefore, the Commission approved the Essington School Darwin Limited Enterprise Bargaining Agreement 2022-2025.

The Commission's decision was based on a comprehensive analysis of the EBA and the evidence presented by both parties. The Commission determined that the agreement was fair and reasonable and provided for the proper protection of employees' rights. It also concluded that the agreement was made in good faith and did not contain any prohibited content. The Commission's approval of the EBA ensures that the terms and conditions of employment for the employees of Essington School Darwin Limited are properly protected and that the agreement provides for a fair and reasonable outcome for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established