DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tintern Schools
(AG2015/2309)

TINTERN SCHOOLS AGREEMENT 2015 - 2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 15 APRIL 2015

Application for approval of the Tintern Schools Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tintern Schools Agreement 2015 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tintern Schools. The agreement is a single-enterprise agreement.

[2] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2015. The nominal expiry date of the Agreement is 21 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

Tintern Schools is a case that came before the Fair Work Commission concerning an application for the approval of the Tintern Schools Agreement 2015 to 2016. The applicant, Tintern Schools, sought the Commission's approval of the agreement which had been negotiated between the employer and its employees. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided fair and reasonable terms and conditions for the employees, as required by section 233 of the Fair Work Act 2009. The Commission had to consider if the agreement provided for appropriate pay and conditions, and if it complied with the applicable award and national employment standards. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any group of employees, and that it was not contrary to public policy.

The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement contained terms and conditions that were fair and reasonable, providing for appropriate pay and conditions for the employees. The agreement also complied with the applicable award and national employment standards. Importantly, the Commission concluded that the agreement did not unfairly disadvantage any group of employees and was not contrary to public policy. Therefore, the Commission approved the agreement as it met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Tintern Schools Agreement 2015 to 2016, finding that it provided fair and reasonable terms and conditions for the employees and complied with the legal requirements. This decision provided certainty to both the employer and employees regarding the terms of their employment for the specified period.

Tintern Schools

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established