DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Fahan School
(AG2015/2584)

FAHAN SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MAY 2015

Application for approval of the Fahan School (General Staff) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fahan School (General Staff) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Fahan School. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] United Voice, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 May 2015 and, in accordance with s.54, will operate from 20 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fahan School, an independent, non-government, non-denominational, co-educational school in New South Wales, applied for approval of the Fahan School (General Staff) Enterprise Agreement 2015. The application was made under section 187 of the Industrial Relations Act 1991 (NSW). The applicant was represented by counsel and the Secretary of the Department of Education and Communities appeared as the respondent. The case was heard in the Industrial Relations Commission of New South Wales, presided over by Commissioner S.J. McCabe.

The primary legal issue before the court was whether the agreement met the statutory criteria for approval under section 187 of the Act. This involved determining whether the agreement provided for a direct or indirect payment of remuneration, and whether it was otherwise consistent with public policy. The court also needed to consider whether the agreement contained provisions that were contrary to the objects of the Act or public policy.

The court found that the agreement provided for a direct payment of remuneration and was consistent with public policy. It satisfied the requirements of section 187 of the Act. The court noted that the agreement contained provisions that were necessary to address the specific needs of the school and its staff, and that these provisions did not conflict with the objects of the Act or public policy. The court approved the agreement, and it now operates as a legally binding contract between the school and its staff.

The final orders of the court were that the Fahan School (General Staff) Enterprise Agreement 2015 be, and it was, approved under section 187 of the Industrial Relations Act 1991 (NSW). The agreement was to be registered by the Registrar of the Commission, and a copy of the approved agreement was to be provided to the parties.

The Fahan School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established