Christian Schools Australia Limited T/A Christian Schools Staff Relations T/A Christian Schools Staff Relations Service
[2024] FWCA 2294
•20 JUNE 2024
| [2024] FWCA 2294 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Christian Schools Australia Limited T/A Christian Schools Staff Relations T/A Christian Schools Staff Relations Service
(AG2024/1917)
GOLDFIELDS BAPTIST COLLEGE STAFF AGREEMENT 2024
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 20 JUNE 2024 |
Application for approval of the Goldfields Baptist College Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Goldfields Baptist College Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Christian Schools Australia Limited T/A Christian Schools Staff Relations T/A Christian Schools Staff Relations Service (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 14 June 2024, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
Undertakings
The Employer has provided written undertakings dated 20 June 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020 and the Educational Services (Schools) General Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
In relation to the Undertakings, the IEU maintains concerns as to insufficient notice of termination, and partial redundancy for part-time teachers. In respect of these concerns, I consider that the issue of notice of termination has been resolved by Undertaking 6, and the operation of Clause 40 (NES precedence clause) of the Agreement. On the issue of partial redundancy for part-time teachers, I consider that this issue has been resolved by Undertaking 7.
Coverage of employee organisation
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Annexure A
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
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