The Friends' School Incorporated T/A The Friends' School

[2024] FWCA 225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Friends' School Incorporated T/A The Friends' School

(AG2023/5289)

THE FRIENDS' SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2024

Application for approval of The Friends' School (Teachers) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Friends’ School (Teachers) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Friends’ School Incorporated T/A The Friends’ School. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Friends' School Incorporated, trading as The Friends' School, applied to the Fair Work Commission for approval of a new enterprise agreement with its teachers. The application was made under section 198 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it meets the 'better-off-overall test'. The application was contested by the Australian Education Union, the representative of the teachers. The central issue before the Commission was whether the proposed agreement satisfied the 'better-off-overall test', ensuring that teachers were not worse off overall than under their previous enterprise agreement.

The Commission considered the economic benefits and detriments to teachers under the new agreement compared to their current terms. It examined the changes in wages, entitlements, and other conditions, weighing these against the overall impact on the teachers' financial situation. The analysis included a detailed assessment of the proposed wage increases, changes to working hours, and any additional benefits or burdens the new agreement would impose. The Commission also evaluated submissions from both parties, including expert evidence and data on industry standards and economic conditions. After careful consideration, the Commission concluded that the proposed agreement did meet the better-off-overall test.

The Commission approved the application, finding that the new enterprise agreement provided teachers with a net benefit, ensuring they were not worse off overall. The approval was based on the overall improvement in the teachers' economic position, including the wage increases and enhanced conditions. The Commission noted the importance of the agreement in maintaining fair and sustainable employment practices within the educational sector. The final orders included the approval of the agreement, which will now govern the employment terms between The Friends' School and its teachers for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established