DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Launceston Preparatory School Inc
(AG2019/5140)

THE LAUNCESTON PREPARATORY SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 10 MARCH 2020

Application for approval of The Launceston Preparatory School (Teachers) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Launceston Preparatory School (Teachers) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Launceston Preparatory School Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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 is approved and in accordance with s.54, will operate from 17 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Launceston Preparatory School Inc sought approval of an enterprise agreement concerning its teachers. The application was heard in the Fair Work Commission. The agreement in question pertained to the terms and conditions of employment for teachers at the school. The application was brought before the Commission to determine whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the teachers.

The primary legal issues before the Commission were whether the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, and whether it met the specific statutory criteria set out in the Fair Work Act 2009. The Commission had to consider if the agreement contained the mandated minimum terms and conditions, whether it was properly certified, and if there was sufficient employee participation in the bargaining process.

The Commission found that the agreement met all the necessary statutory requirements and was fair and reasonable for the teachers. It was determined that the agreement provided for the teachers' pay and conditions in a manner that was equitable, and it contained all the mandated minimum terms and conditions. Additionally, the agreement had been properly certified and there was sufficient evidence of employee participation in the bargaining process. Therefore, the Commission approved the application for the enterprise agreement to be registered.

The final orders of the Commission were that the Launceston Preparatory School (Teachers) Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval allows the agreement to legally bind the parties and govern the employment terms and conditions of the teachers at the Launceston Preparatory School.

The Launceston Preparatory School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established