DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends’ School Incorporated T/A The Friends’ School
(AG2018/2110)

THE FRIENDS’ SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of The Friends’ School (Teachers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Friends’ School (Teachers) 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 The Friends’ School Incorporated T/A The Friends’ School. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 19 September 2018 and, in accordance with s.54, will operate from 26 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Friends’ School Incorporated, trading as The Friends’ School, sought approval of its teachers' enterprise agreement for 2018. The application was heard by the Fair Work Commission, with Deputy President G J McLoughlin presiding. The matter involved the terms and conditions of employment for teachers at the school, and the need for the agreement to be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act and was in the best interests of the employees and the school. The Commission needed to determine if the agreement provided fair and reasonable terms for the teachers, and if it was certified by an independent certifier in accordance with the Act. Additionally, the Commission considered whether the agreement adequately addressed the school's financial position and its ability to meet its obligations.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the requirements of the Fair Work Act and was in the best interests of the teachers and the school. The agreement was deemed to provide fair and reasonable terms for the teachers, taking into account the school's financial position and its ability to meet its obligations. The independent certifier's certification was accepted as valid, and the Commission approved the enterprise agreement. The decision was based on the evidence presented by both parties and the Commission's assessment of the agreement's provisions.

In approving the enterprise agreement, the Commission ordered that it be registered and enforceable as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the decision and would remain in force until the end of its term or until it was superseded by a new agreement. The Commission also noted that any disputes arising from the agreement would be subject to the dispute resolution provisions outlined within the agreement itself.

The Friends’ School Incorporated T/A The Friends’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established