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

[2016] FWCA 7253

[2016] FWCA 7253

FAIR WORK COMMISSION

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

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SCHEDULE A