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

[2018] FWCA 7439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/2769)

SOUTHERN HIGHLANDS CHRISTIAN SCHOOL GENERAL STAFF AGREEMENT 2018 - 2019

Educational services
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2018

Application for approval of the Southern Highlands Christian School General Staff Agreement 2018 - 2019.

An application has been made for approval of an enterprise agreement known as the Southern Highlands Christian School General Staff Agreement 2018 - 2019 (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.

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.

Subject to the undertakings referred to above, 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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, brought an application to the Fair Work Commission seeking approval of the Southern Highlands Christian School General Staff Agreement 2018-2019. The application was opposed by the teachers' union, the Australian Education Union (AEU). The crux of the dispute lay in the interpretation and application of specific provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009 concerning enterprise agreements. The AEU argued that certain provisions in the proposed agreement were not compliant with statutory requirements and did not meet the 'better off overall test'.

The Commission was tasked with determining whether the proposed agreement satisfied the criteria for approval under the Fair Work Act, specifically whether it provided for a fair and efficient workplace and met the better off overall test. The Commission had to consider the fairness of the agreement's terms, its efficiency in terms of workplace relations, and whether the agreement was likely to improve the financial position or working conditions of the employees relative to what they would have achieved without the agreement. The Commission also needed to evaluate if the agreement complied with the statutory requirements and did not unfairly discriminate against any group of employees.

After thorough consideration of the arguments and evidence presented by both parties, the Commission found that the proposed agreement did indeed meet the statutory requirements and provided for fair and efficient workplace relations. The Commission concluded that the agreement was likely to be better for the employees overall, as it included provisions that improved the financial position and working conditions of the staff, thereby satisfying the better off overall test. Accordingly, the Commission approved the Southern Highlands Christian School General Staff Agreement 2018-2019.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established