DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Whitsunday Anglican School Limited
(AG2016/6569)

WHITSUNDAY ANGLICAN SCHOOL ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 NOVEMBER 2016

Variation of Whitsunday Anglican School Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Whitsunday Anglican School Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Whitsunday Anglican School Limited.

[2] The variation can be found at Attachment A to this Decision.

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

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 17 November 2016.

[5] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whitsunday Anglican School Limited sought a variation to its enterprise agreement to introduce a new salary package for teachers. The Australian Education Union Queensland Teachers Branch opposed the variation. The Fair Work Commission was the court in this matter. The legal issues before the Commission were whether the proposed variation was procedurally and substantively fair and reasonable. The Commission noted that the parties had a history of cooperative bargaining, and the proposed variation aimed to address financial sustainability and competitive salaries for teachers. The Commission considered the economic context, the employer's financial position, and the need to attract and retain qualified teachers. The Commission found the proposed variation to be procedurally and substantively fair and reasonable, given the employer's financial constraints and the need to ensure the school's long-term viability. The Commission approved the variation, allowing the employer to implement the new salary package for teachers. The Commission emphasised the importance of the parties continuing to engage in good-faith negotiations to address any future issues that may arise.

Whitsunday Anglican School Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established