DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Australia Ltd. T/A Christian Schools Staff Relations Service
(AG2018/4710)

NSW CHRISTIAN SCHOOL TEACHING STAFF (NORWEST CHRISTIAN COLLEGE) AGREEMENT 2018-2020

Educational services
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the NSW Christian School Teaching Staff (Norwest Christian College) Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian School Teaching Staff (Norwest Christian College) Agreement 2018-2020 (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 Ltd. T/A Christian Schools Staff Relations Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the NSW Christian School Teaching Staff (Norwest Christian College) Agreement 2018-2020 by Christian Schools Australia Limited, trading as Christian Schools Staff Relations Service. The agreement was a registered agreement under the Fair Work Act 2009, and the applicant sought the Commission's approval to ensure it met the necessary requirements under the Act.

The legal issues before the Commission were primarily whether the agreement complied with the provisions of the Fair Work Act 2009, specifically focusing on the coverage of the agreement, the procedural fairness in the negotiation process, and the compliance with the statutory minimum standards set out in the Act. The Commission needed to determine if the agreement was made in good faith, if it contained all the required terms, and if it provided for a fair and reasonable method for resolving disputes.

In making its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith, contained all the required terms, and provided for a fair and reasonable method for resolving disputes. The Commission also found that the agreement met the statutory minimum standards and was procedurally fair. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the NSW Christian School Teaching Staff (Norwest Christian College) Agreement 2018-2020, finding that it complied with the Fair Work Act 2009 and met the necessary requirements for approval. The Commission's decision ensures that the agreement is a valid and enforceable registered agreement, providing a framework for the employment conditions of teaching staff at Norwest Christian College.

Christian Schools Australia Ltd. 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