DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2017/3929)

NSW CHRISTIAN SCHOOLS GENERAL STAFF MULTI-ENTERPRISE AGREEMENT 2017 - 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 19 JANUARY 2018

Application for approval of the NSW Christian Schools General Staff Multi-Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian Schools General Staff Multi-Enterprise Agreement 2017 - 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 multi-enterprise agreement.

[2] The Applicant 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, 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] 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 26 January 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, applied to the Fair Work Commission for approval of the NSW Christian Schools General Staff Multi-Enterprise Agreement 2017-2019. The applicant argued that the agreement met the necessary requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with statutory provisions and whether it was made in good faith and without coercion.

The legal issues the court had to address were whether the agreement was a genuine multi-enterprise agreement, whether it was made without coercion, and whether it included minimum terms as required by the Fair Work Act. Furthermore, the court needed to determine whether the agreement provided for the fair and efficient determination of employees' terms and conditions of employment.

In its decision, the Fair Work Commission held that the agreement was a genuine multi-enterprise agreement, was made without coercion, and contained all the minimum terms required by the Fair Work Act. The Commission found that the agreement was made in good faith and provided for the fair and efficient determination of employees' terms and conditions of employment. Consequently, the Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission's final order was the approval of the NSW Christian Schools General Staff Multi-Enterprise Agreement 2017-2019, effective from 1 July 2017 until 30 June 2019. The Commission emphasised that the agreement's approval was subject to the parties' compliance with the terms and conditions outlined in the agreement and the Act.

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