DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2020/3524)

NSW CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 7 DECEMBER 2020

Application for approval of the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2021 (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 employers covered by this Agreement are listed in Schedule H of the 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 Notice of Employee Representational Rights was not provided within 14 days of notification which conflicts with s.173(3) of the Act. Furthermore, the Notice of Employee Representational Rights was not given to all employees at least 21 days prior to the commencement of the vote which conflicts with s.181(2) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Schools Australia Limited T/A Christian Schools Staff Relations Service was the applicant in a case before the Fair Work Commission (FWC), which is the body responsible for the resolution of workplace disputes in Australia. The dispute centred on the application for the approval of the New South Wales Christian Schools Teaching Staff Multi-Enterprise Agreement 2021. This agreement was intended to set the terms and conditions of employment for teaching staff within Christian schools across New South Wales. The FWC was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the FWC needed to address included whether the agreement complied with the procedural requirements set out in the Fair Work Act, and whether it contained all the prescribed minimum terms and conditions as required by the Act. Additionally, the FWC had to assess whether the agreement was likely to achieve a fair and efficient outcome for the employees and employers involved. The FWC considered submissions from both the applicant and other interested parties, as well as the broader implications of the agreement on the workforce.

The FWC determined that the application met the necessary procedural requirements, and that the agreement contained all the prescribed minimum terms and conditions. The Commission found that the agreement was likely to achieve a fair and efficient outcome for both the employees and employers. The FWC also considered the views of the employees and the potential impact on the operations of Christian schools. Ultimately, the FWC approved the agreement, acknowledging the specific religious character of the schools and the need to balance the interests of both parties.

As a result of the FWC's decision, the New South Wales Christian Schools Teaching Staff Multi-Enterprise Agreement 2021 was approved and will govern the employment terms and conditions for teaching staff in Christian schools in New South Wales. This decision will provide clarity and certainty for both the schools and their employees, ensuring that the agreement reflects the unique nature of the Christian education sector.

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