Anglican Schools Commission Incorporated T/A Anglican School Commission (Inc.)

[2023] FWCA 3151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglican Schools Commission Incorporated T/A Anglican School Commission (Inc.)

(AG2023/3000)

ANGLICAN SCHOOLS COMMISSION INC. NSW ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 28 SEPTEMBER 2023

Application for approval of the Anglican Schools Commission Inc. NSW EnterpriseAgreement 2023.

Anglican Schools Commission Incorporated T/A Anglican School Commission (Inc.) (the Employer) has made an application for the approval of the Anglican Schools Commission Inc. NSW Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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 IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 28 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are the Anglican Schools Commission Incorporated, trading as the Anglican School Commission (Inc.), and the Fair Work Commission. The dispute pertains to the approval of the Anglican Schools Commission Inc. NSW Enterprise Agreement 2023. The case was heard and determined by the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues at hand required the Fair Work Commission to consider whether the terms and conditions of the proposed Enterprise Agreement were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the "better off overall test" and whether it adhered to the relevant minimum standards and protected terms and conditions.

In reaching its decision, the Fair Work Commission conducted a thorough review of the Enterprise Agreement. The Commission examined the terms and conditions of employment, the procedural fairness of the agreement, and whether it provided a fair and reasonable outcome for the employees. The Commission took into account various factors, including the economic circumstances of the parties, the nature of the industry, and the need to balance the interests of both employers and employees. Ultimately, the Fair Work Commission determined that the proposed Enterprise Agreement was fair and reasonable, and it approved the agreement as required under the Fair Work Act 2009.

The final orders of the Fair Work Commission include the approval of the Anglican Schools Commission Inc. NSW Enterprise Agreement 2023, which will now be in effect and binding upon the parties involved. The Commission's decision provides certainty and stability for both the Anglican Schools Commission Incorporated and its employees, as well as setting a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established