Christian Schools Australia Limited

Case

[2013] FWCA 3623

5 JUNE 2013

No judgment structure available for this case.

[2013] FWCA 3623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Christian Schools Australia Limited
(AG2013/889)

WA CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2013-2015

Educational services

COMMISSIONER CLOGHAN

PERTH, 5 JUNE 2013

Application for approval of the WA Christian Schools Teaching Staff Multi-Enterprise Agreement 2013-2015.

[1] On 12 April 2013, the Christian Schools Australia Limited made application for approval of a single enterprise agreement to be known as the WA Christian Schools Teaching Staff Multi-Enterprise Agreement 2013-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 28 March 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] This application has been the subject of a conference on 6 May 2013 and extensive email communication between the Applicant, Independent Education Union and the Commission. With the agreement of the bargaining representatives, reference to Armadale Congregational Church Inc and Dale Christian College be excised from the originating application and proposed enterprise agreement. In accordance with paragraph 586(a) of the FW Act, I consider such an amendment appropriate to the documents. Proceedings in relation to Dale Christian College will now take place separately to application AG2013/889.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Independent Education Union WA Branch (IEUWA) has declared that the IEUWA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. The IEUWA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 12 June 2013.

[8] The nominal expiry date of this Agreement is 31 December 2015.

COMMISSIONER

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