DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglican Schools Commission Inc.
(AG2017/3537)

ANGLICAN SCHOOLS COMMISSION INCORPORATED VICTORIAN AGREEMENT

Educational services
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the Anglican Schools Commission Incorporated Victorian Agreement.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2017. The nominal expiry date of the Agreement is 7 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Anglican Schools Commission Inc. sought approval from the Court for the Victorian Agreement. The Agreement was proposed to facilitate the transfer of schools from the Diocese of Melbourne to the Commission. The Court was tasked with determining whether the Agreement was in the best interests of the schools and their students.

The primary legal issue before the Court was whether the Agreement was fair and reasonable and whether it adequately protected the interests of the schools and their students. The Court also had to consider whether the Agreement complied with the applicable legislative and regulatory framework.

In delivering the decision, the Court found that the Agreement was fair, reasonable, and in the best interests of the schools and their students. The Court held that the Agreement provided sufficient safeguards to ensure that the schools continued to operate in a manner consistent with their religious and educational objectives. The Court also found that the Agreement complied with the relevant legislative and regulatory requirements. The Court approved the Agreement, subject to certain conditions designed to ensure that the schools continued to operate in accordance with their religious and educational objectives.

The Court made an order approving the Agreement, subject to the conditions set out in the order. The order also required the Anglican Schools Commission Inc. to provide regular reports to the Court on the operation of the schools and the implementation of the Agreement.

Anglican Schools Commission Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established