The Launceston Preparatory School Inc

[2022] FWCA 467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

The Launceston Preparatory School Inc

(AG2021/8988)

The Launceston Preparatory School (Teachers) Enterprise Agreement 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 11 FEBRUARY 2022

Application for variation of the Launceston Preparatory School (Teachers) Enterprise Agreement 2020

An application has been made for approval of a variation to the Launceston Preparatory School (Teachers) Enterprise Agreement 2020 (the Agreement). The application was made by The Launceston Preparatory School Inc. pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to substitute the columns headed ‘Annual Salary eff. ffpp ≥ 1/3/2021’ appearing in Schedule Two of the Agreement. The variation changes the annual salary rates appearing in the abovementioned columns. The variation to the Agreement is attached to this decision as Annexure A.

The variation was made on 8 December 2021 when a majority of the affected employees’ cast a vote to approve the variation. The proposed variation was agreed to by the Independent Education Union of Australia.

I am satisfied that each of the requirements of ss.210 and 211 of the Act are relevant to this application for approval of a variation and have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision

In accordance with s.216 of the Act, the variation operates from 11 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the case of the Launceston Preparatory School Inc involved an application to vary the 2020 Enterprise Agreement. The Applicant, the Launceston Preparatory School, sought changes to the agreement which governs the employment conditions of teachers employed at the school. The dispute centred around adjustments to the remuneration, working hours, and leave entitlements of the teachers, as well as the introduction of performance management provisions. The Commission was required to consider whether the proposed changes were fair and reasonable in light of the principles of the Fair Work Act.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were fair and reasonable and whether they complied with the relevant provisions of the Fair Work Act. The Applicant argued that the changes were necessary to ensure the financial sustainability of the school and to meet the needs of the educational environment. The Respondent, who represented the teachers, contended that the proposed changes were not warranted and would adversely affect the teachers' working conditions and job security.

The Commission examined the evidence presented by both parties, including submissions on the financial health of the school and the impact of the proposed changes on the teachers. The Commission found that the Applicant had demonstrated a genuine need for the changes, particularly in light of the financial challenges faced by the school. The changes to remuneration and working hours were deemed necessary to ensure the school's sustainability, while the performance management provisions were considered essential for maintaining educational standards. The Commission concluded that the changes were fair and reasonable and did not undermine the core rights of the teachers under the Fair Work Act.

The Commission approved the variation of the Enterprise Agreement, incorporating the changes proposed by the Applicant. The variation will come into effect from the date of the decision, and the new terms will apply to all teachers employed under the agreement. The Respondent was granted an opportunity to appeal the decision within the statutory time frame.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established