DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2018/6983)

CAREY BAPTIST COLLEGE TEACHING STAFF ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 APRIL 2019

Application for approval of the Carey Baptist College Teaching Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carey Baptist College Teaching Staff Enterprise Agreement 2017 (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 single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 April 2019 and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Christian Schools Australia Limited, trading as Christian Schools Staff Relations Service, sought approval for the Carey Baptist College Teaching Staff Enterprise Agreement 2017. The application was made before the Fair Work Commission. The dispute involved the interpretation and compliance of the agreement with the Fair Work Act 2009. The primary legal issues were whether the agreement met the requirements for approval and if it was consistent with the principles of the Fair Work Act.

The court considered whether the agreement properly addressed the terms and conditions of employment for the teaching staff at Carey Baptist College, including provisions on pay, working conditions, and other employment-related matters. The Commission examined if the agreement was made in good faith and if it facilitated the efficient operation of the school. The court also evaluated whether the agreement adequately protected the rights and interests of the employees as well as the school.

The Fair Work Commission approved the Carey Baptist College Teaching Staff Enterprise Agreement 2017, finding that it complied with the statutory requirements. The Commission concluded that the agreement was made in good faith and was consistent with the objectives of the Fair Work Act. The decision noted that the agreement appropriately balanced the interests of the employees and the school, and it was deemed to facilitate the efficient operation of the educational institution. The approval of the agreement was based on its compliance with the relevant legal standards and its alignment with the Fair Work Act’s principles.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established