DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Friends School Incorporated
(AG2015/1370)

THE FRIENDS’ SCHOOL (EARLY YEARS) ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as The Friends' School (Early Years) 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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] The Agreement was approved on 1 July 2015 and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The Friends’ School Incorporated applied to the Fair Work Commission for approval of its 2015 Early Years Enterprise Agreement. The applicant argued the agreement was in the interests of the employees and the employer. The respondents, comprising various unions, objected to the application, claiming the agreement did not meet the statutory criteria for approval.

The central legal issue before the Commission was whether the agreement was in the interests of the employees and the employer, as required by section 233 of the Fair Work Act 2009. The unions argued that the agreement did not adequately protect the employees' interests in terms of wages and conditions. The school, on the other hand, submitted that the agreement was fair and balanced, reflecting the particular circumstances of the institution.

In assessing the agreement, the Commission considered the criteria set out in section 233 of the Fair Work Act. It found that the agreement provided a fair and reasonable balance of rights and obligations, taking into account the financial constraints of the school and the interests of the employees. The Commission concluded that the agreement was in the interests of both the employees and the employer, and thus approved it. The unions' objections were dismissed, and the agreement was registered as a registered agreement under the Act.

The Friends School Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established