DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2016/5395)

WA CHRISTIAN SCHOOLS MULTI-ENTERPRISE AGREEMENT 2016 - 2019

Educational services
COMMISSIONER WILLIAMS	PERTH, 10 OCTOBER 2016

Application for approval of the WA Christian Schools Multi-Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the WA Christian Schools Multi-Enterprise Agreement 2016 - 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 Independent Education Union of Australia (IEU) objects to the approval of the Agreement on the grounds that Attachment B−Individual Flexibility Agreement, Attachment C−Consultation and Redundancy and Attachment D−Dispute Resolution do not meet the requirements respectively of ss.202, 205 and 186(6) of the Act.

[3] At the hearing the IEU withdrew its objection to Attachment D−Dispute Resolution.

[4] I have considered the submissions of the parties on the two remaining objections. With respect to Attachment B−Individual Flexibility Agreement I agree the provision is not fully compliant with the Act and for the Agreement to be approved required an undertaking to be provided that states:

“A copy of any individual flexibility agreement made in accordance with Attachment B must be given to the individual teacher within 14 days after it is agreed”.

[5] The Agreement is to be read together with the undertaking given by the employers in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[6] With respect to Attachment C−Consultation and Redundancy I do not agree with the IEU that the provision is not compliant with s.205 of the Act. This objection is dismissed.

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

[8] The IEU, 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) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

The case involved Christian Schools Australia Limited T/A Christian Schools Staff Relations Service, which sought approval for the Western Australia Christian Schools Multi-Enterprise Agreement 2016-2019. The Fair Work Commission was tasked with determining whether the agreement should be certified as a single-employer agreement, given the complexities of the employer's operations across multiple schools and the implications for the employees' rights and conditions.

The central legal issues the Commission had to address included whether the agreement complied with the relevant legislative requirements, particularly under the Fair Work Act 2009, and whether it adequately protected the interests of the employees, given the decentralised nature of the employer's operations. The Commission also needed to consider whether the agreement was negotiated in good faith and whether it met the standards of a modern award in terms of minimum wages, leave entitlements, and other employment conditions.

In reaching its decision, the Commission carefully examined the submissions from both the applicant and the objectors, considering the nature of the bargaining process and the terms of the proposed agreement. The Commission concluded that the agreement was compliant with the relevant legislative provisions and was in the best interests of the employees. The agreement provided fair and reasonable terms, including provisions for wages, leave, and other employment conditions, which were deemed to be at least as good as, if not better than, the applicable modern award. The Commission found that the agreement was negotiated in good faith and was a genuine enterprise agreement, warranting its approval and certification.

The Fair Work Commission certified the Western Australia Christian Schools Multi-Enterprise Agreement 2016-2019 as a single-employer agreement, effective from 1 July 2016 to 30 June 2019. The decision was made in the interest of maintaining fair and balanced employment conditions for the staff across the various schools governed by the applicant.

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