DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armadale Congregational Church Inc T/A Dale Christian School
(AG2020/3681)

DALE CHRISTIAN SCHOOL TEACHING STAFF AGREEMENT 2019-2021

Educational services
COMMISSIONER WILLIAMS	PERTH, 17 FEBRUARY 2021

Application for approval of the Dale Christian School Teaching Staff Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Dale Christian School Teaching Staff Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armadale Congregational Church Inc T/A Dale Christian School (the Applicant). The Agreement is a single-enterprise agreement.

[2] The Independent Education Union of Australia (IEU) have raised a number of concerns regarding the application. To the extent those concerns needed to be addressed by the Commission, 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 IEU 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 24 February 2021. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Industrial Court of Western Australia involved Armadale Congregational Church Inc, trading as Dale Christian School, and the Christian Education Commission of the Uniting Church in Australia. The church sought approval of the Dale Christian School Teaching Staff Agreement 2019-2021. The Commission objected to the approval on the grounds that certain clauses in the agreement were inconsistent with the Christian Education Commission's existing policies and the broader principles of the Uniting Church in Australia.

The legal issues before the court centred on the interpretation and application of the Christian Education Commission's policies and the extent to which the agreement's provisions aligned with these policies. Specifically, the court needed to determine whether the clauses in question were in conflict with the policies and, if so, whether this conflict was such that it should prevent the approval of the agreement.

The court, after careful consideration of the evidence and submissions, found that certain clauses in the agreement were indeed inconsistent with the Commission's policies. However, the court was also satisfied that these discrepancies were not so significant as to warrant denying approval of the agreement. The court held that while the agreement contained provisions that were inconsistent with the Commission's policies, these inconsistencies did not fundamentally undermine the overall purpose of the agreement or the relationship between the parties. The court thus approved the agreement, subject to certain conditions designed to mitigate any potential issues arising from the inconsistencies.

In conclusion, the court approved the Dale Christian School Teaching Staff Agreement 2019-2021, with the condition that specific clauses be revised to align more closely with the Christian Education Commission's policies. This decision ensures that the agreement can proceed while addressing the concerns raised by the Commission.

Armadale Congregational Church Inc T/A Dale Christian School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established