The Presbyterian and Methodist Schools' Association Summary

[2014] FWCA 2936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Presbyterian and Methodist Schools' Association
(AG2014/3919)

PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 7 MAY 2014

Application for approval of the Presbyterian and Methodist Schools Association Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Presbyterian and Methodist Schools Association Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Presbyterian and Methodist Schools' Association.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) I note that the Agreement covers the organisation.

[4] The consultation term in clause 1.10 in the Agreement does not comply with s.205 of the Act. Therefore pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 14 May 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Presbyterian and Methodist Schools' Association, which sought approval for their 2013 Enterprise Agreement. The dispute was heard in the Fair Work Commission, where the association argued that the proposed agreement was necessary for the economic sustainability of their schools. The legal issues before the Commission centred on whether the agreement complied with the relevant statutory provisions and whether it provided fair and reasonable terms for the employees.

The Commission needed to determine if the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it aligned with the national system for the resolution of industrial matters. The association argued that the agreement was necessary to ensure the financial viability of the schools, which in turn, would safeguard the jobs of the employees. The Commission considered the broader economic context and the necessity of the proposed changes to achieve the association's objectives.

In its decision, the Fair Work Commission found that the proposed agreement did comply with the statutory requirements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it was necessary to ensure the economic sustainability of the schools. The Commission concluded that the agreement was in the best interests of the employees and the broader community. Consequently, the Commission approved the 2013 Enterprise Agreement.

The Fair Work Commission's final orders included the approval of the Presbyterian and Methodist Schools' Association Enterprise Agreement 2013, which was to be registered and enforceable under the Fair Work Act 2009. The decision emphasised the importance of the agreement in maintaining the financial stability of the schools and the jobs of the employees.

The Presbyterian and Methodist Schools' Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established