Christian Schools Australia Limited T/A Christian Schools Staff Relations Service

[2020] FWCA 6584

[2020] FWCA 6584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2020/3524)

NSW CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 7 DECEMBER 2020

Application for approval of the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christian Schools Australia Limited T/A Christian Schools Staff Relations Service. The Agreement is a multi-enterprise agreement. The employers covered by this Agreement are listed in Schedule H of the Agreement.

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

[3] The Notice of Employee Representational Rights was not provided within 14 days of notification which conflicts with s.173(3) of the Act. Furthermore, the Notice of Employee Representational Rights was not given to all employees at least 21 days prior to the commencement of the vote which conflicts with s.181(2) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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) 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 14 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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