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

[2018] FWCA 430

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

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

(AG2017/4456)

NSW Christian Schools General Staff Multi-Enterprise Agreement No.2 2017 - 2019

Educational services
Commissioner Lee	MELBOURNE, 19 JANUARY 2018

Application for approval of the NSW Christian Schools General Staff Multi-Enterprise Agreement No.2 2017-2019.

An application has been made for approval of an enterprise agreement known as the NSW Christian Schools General Staff Multi-Enterprise Agreement No.2 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.

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.

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 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 for the approval of the NSW Christian Schools General Staff Multi-Enterprise Agreement No.2 for 2017-2019. The application was heard in the Fair Work Commission. The primary dispute centred around whether the proposed agreement met the necessary criteria for registration under the Fair Work Act 2009. This included assessing if the agreement was fairly negotiated and if it included appropriate dispute resolution mechanisms.

The Commission examined several aspects of the agreement, including the process of negotiation, the representation of employees and employers, and the fairness of the terms. The court had to determine if the agreement was genuinely negotiated and whether it provided an adequate framework for resolving future disputes. The application for approval required scrutiny of the bargaining process and the content of the agreement to ensure compliance with the legal standards set out in the Fair Work Act.

After thorough analysis, the Commission found that the agreement was indeed fairly negotiated and met all the statutory requirements. The court was satisfied that the terms of the agreement were reasonable and that it provided appropriate mechanisms for resolving future disputes. Consequently, the application was approved, and the agreement was registered. The Commission's decision was grounded in the evidence provided, which demonstrated that the agreement was the product of genuine bargaining and met the necessary criteria for registration under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established