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

[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.

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were Christian Schools Australia Limited and the Goldfields Baptist College Enterprise Agreement 2024. The dispute centred on the application for approval of this enterprise agreement. The case was heard in the Fair Work Commission. The legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included verifying that the agreement was fairly negotiated, contained necessary terms, and did not unfairly discriminate against employees.

The court examined the fairness of the negotiation process, the content of the agreement, and whether it met the criteria for approval. The court considered submissions from both parties and assessed the agreement against legislative standards. It focused on whether the agreement contained all the prescribed minimum terms and whether any terms that were outside these requirements were genuinely negotiated. The court also evaluated if the agreement was free from unfair discrimination and whether it was in the best interests of the employees.

The Fair Work Commission concluded that the Goldfields Baptist College Enterprise Agreement 2024 met the statutory requirements for approval. The agreement was found to be fairly negotiated, contained all the necessary prescribed terms, and did not unfairly discriminate against employees. Consequently, the court approved the agreement, recognising its compliance with the legislative framework. The approval signified that the agreement could be implemented, providing a basis for employment terms and conditions between the parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established