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
(AG2015/7646)

NSW CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2015- 2017

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 22 DECEMBER 2015

Application for approval of the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2015- 2017.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2015- 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Schools Australia Limited, trading as Christian Schools Staff Relations Service, applied for the approval of the New South Wales Christian Schools Teaching Staff Multi-Enterprise Agreement 2015-2017. The Fair Work Commission was the body that heard this matter. The primary dispute revolved around whether the agreement complied with the Fair Work Act 2009 and the relevant legislative requirements, including provisions for minimum wages and conditions, and the ability of the agreement to be applied to a multi-enterprise context.

The legal issues before the Commission included the interpretation of the statutory provisions regarding the approval of multi-enterprise agreements, the compatibility of the agreement with the Fair Work Act, and whether the agreement met the necessary standards for promoting harmonious, productive, and cooperative workplace relations. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees and if it adhered to the principles of procedural fairness.

The Commission examined the agreement in detail, considering the submissions from both parties, and assessed its provisions against the statutory requirements. The Commission found that the agreement was largely compliant with the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The agreement was deemed to meet the necessary standards for promoting harmonious, productive, and cooperative workplace relations. The Commission approved the agreement, subject to certain modifications to ensure compliance with minimum wage rates and other legislative requirements. The final orders included the approval of the agreement with specified amendments, ensuring it met all legal requirements and balanced the interests of both parties.

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