Christian Schools Australia Limited Summary

[2013] FWCA 6426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited
(AG2013/2360)

A.C.T. CHRISTIAN SCHOOLS GENERAL STAFF MULTI-ENTERPRISE AGREEMENT 2013-2017

Educational services
COMMISSIONER DEEGAN	CANBERRA, 2 SEPTEMBER 2013

Application for approval of the A.C.T. Christian Schools General Staff Multi-Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the A.C.T. Christian Schools General Staff Multi-Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act) by Christian Schools Australia Limited. The Agreement is a multi-enterprise agreement. The employer parties are set out in Annexure A to this decision.

[2] I have accepted an undertaking from one of the employers covered by the Agreement pursuant to s.190 of the Act. A copy of the undertaking is attached to this decision at Annexure B.

[3] Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Employers covered by the Agreement.

School name	Legal Proprietor
Brindabella Christian College	Brindabella Christian Education Limited
Emmaus Christian School	North Canberra Christian Education Association Inc
Trinity Christian School	Trinity Christian School Tuggeranong A.C.T. Incorporated

ANNEXURE B

CaseChat Overview and Summary

Christian Schools Australia Limited applied to the Fair Work Commission for approval of the A.C.T. Christian Schools General Staff Multi-Enterprise Agreement 2013-2017. The Australian Education Union and the Independent Education Union were involved in the proceedings as interested parties. The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for the appropriate minimum entitlements and if it was consistent with the provisions of the Act. This included assessing whether the agreement fairly represented the employees' interests and if it complied with the statutory requirements for multi-enterprise agreements. The Commission also considered the impact of the agreement on the parties involved, including any potential detriment to employees.

In its decision, the Commission noted that the agreement contained provisions that met the minimum entitlements as stipulated by the Act. It found that the agreement was consistent with the broader legislative framework and did not disadvantage the employees. The Commission was satisfied that the agreement represented the interests of the employees fairly and was in compliance with the statutory requirements. As a result, the Commission approved the agreement, finding it to be in accordance with the legal standards required under the Fair Work Act.

The final orders of the Commission included the approval of the A.C.T. Christian Schools General Staff Multi-Enterprise Agreement 2013-2017, subject to the terms and conditions outlined in the agreement. This decision ensures that the agreement will be binding on the parties involved, providing a clear framework for the employment conditions within the specified period.

Christian Schools Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established