DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2016/6019)

ACT CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2016 - 2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 10 OCTOBER 2016

Application for the approval of the ACT Christian Schools Teaching Staff Multi-Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ACT Christian Schools Teaching Staff Multi-Enterprise Agreement 2016 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] 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.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] 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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Schools Australia Limited, trading as Christian Schools Staff Relations Service, applied to the Fair Work Commission for the approval of the ACT Christian Schools Teaching Staff Multi-Enterprise Agreement 2016 - 2019. The dispute centered on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to decide whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment and if it was consistent with the objects of the Act.

The Commission examined the agreement's provisions, including those relating to minimum rates of pay, penalty rates, leave entitlements, and the protection of employees' rights. It also considered the submissions and evidence provided by the parties and relevant stakeholders. The Commission found that the agreement generally provided for fair and reasonable terms and conditions of employment and was consistent with the objects of the Act. However, it identified certain provisions that did not meet the requirements of the Act and Regulations, such as those relating to the calculation of penalty rates for certain employees.

The Commission exercised its powers under section 234 of the Act to modify the agreement to ensure compliance with the Act and Regulations. It made orders approving the agreement, subject to the modifications. The Commission also made orders regarding the registration of the agreement and the establishment of a dispute resolution procedure. The modified agreement was approved and registered, providing a framework for the terms and conditions of employment for Christian schools teachers in the ACT for the period 2016 - 2019.

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