DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Christian Schools Australia Ltd. T/A Christian Schools Staff Relations Service
(AG2018/3221)

NSW CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2018 - 2020

Educational services
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the NSW Christian Schools Teaching Staff Multi-Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian Schools Teaching Staff Multi-Enterprise 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 multi-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

Christian Schools Australia Limited, trading as Christian Schools Staff Relations Service, applied to the Fair Work Commission for approval of the New South Wales Christian Schools Teaching Staff Multi-Enterprise Agreement 2018-2020. The application was made under section 232 of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for registration, including whether it provided for the fair and equitable resolution of employees' terms and conditions of employment and did not undermine the protection of workers' rights.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for multi-enterprise agreements. This involved assessing if the agreement facilitated the fair and equitable resolution of employees' terms and conditions, and whether it protected the rights of employees by providing adequate minimum standards. Additionally, the Commission had to determine whether the agreement was consistent with the principles of the Fair Work Act and did not undermine the protection of workers' rights.

In reaching its decision, the Commission examined the provisions of the agreement and considered submissions from the parties. The Commission noted that the agreement established minimum terms and conditions for teaching staff employed by Christian schools in New South Wales. It included provisions for minimum wages, leave entitlements, and other employment conditions. The Commission found that the agreement provided for the fair and equitable resolution of employees' terms and conditions and did not undermine the protection of workers' rights. The agreement was also consistent with the principles of the Fair Work Act.

Accordingly, the Commission approved the agreement, making it a registered multi-enterprise agreement under section 232 of the Fair Work Act. The agreement became effective from the date of registration and applied to the relevant employees and employers.

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