Bethany Christian School Inc T/A Bethany Christian School

[2020] FWCA 6288

[2020] FWCA 6288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bethany Christian School Inc T/A Bethany Christian School
(AG2020/3322)

BETHANY CHRISTIAN SCHOOL ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 26 NOVEMBER 2020

Application for approval of the Bethany Christian School Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bethany Christian School Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bethany Christian School Inc T/A Bethany Christian School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 November 2020 and was determined on the papers.

[3] On 18 November 2020, my Chambers emailed the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 23 November 2020. The undertaking deals with the following topics:

•  Regarding clause 21.3(a) (Overtime), level 4 non-teaching employees will not be required to work in excess of 8 hours of overtime per week.

•  Regarding clause 21.3(f) (Time in Lieu), non-teaching employees who accrue time in lieu (TOIL) from working overtime will have any accrued TOIL paid out at their request, or on termination of employment.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

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