DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends School Incorporated T/A The Friends’ School
(AG2016/1280)

THE FRIENDS’ SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT DEAN	SYDNEY, 30 JUNE 2016

Application for approval of The Friends’ School (Teachers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Friends’ School (Teachers) 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 Friends School Incorporated t/a The Friends’ 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 July 2016. 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 Friends School Incorporated, trading as The Friends' School, applied to the Fair Work Commission for approval of the Teachers' Enterprise Agreement 2015. The application involved the approval of a new agreement that would replace an existing agreement. The dispute centered around whether the new agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement complied with the relevant provisions of the Act and if it was in the best interests of the employees it covered.

The legal issues the Commission had to decide included whether the agreement was genuinely negotiated and whether it contained all the required minimum terms and conditions. Additionally, the Commission had to consider if the agreement was fair and reasonable and whether it provided appropriate protections for the employees. The Commission also needed to assess if the agreement allowed for genuine bargaining and if it provided for a fair process for resolving disputes.

The Commission examined the evidence provided by both parties and considered the terms of the agreement. It found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission determined that the agreement was fair and reasonable and provided appropriate protections for the employees. It also found that the agreement allowed for genuine bargaining and provided for a fair process for resolving disputes. As a result, the Commission approved the Teachers' Enterprise Agreement 2015. The approval took effect from the date specified in the agreement, and the existing agreement was terminated.

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