DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Staff Relations Christian Schools Australia Limited T/A Christian Schools Staff Relations
(AG2019/3664)

ACT CHRISTIAN SCHOOLS GENERAL STAFF MULTI-ENTERPRISE AGREEMENT 2018 - 2021

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 OCTOBER 2019

Application for approval of the ACT Christian Schools General Staff Multi-Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the ACT Christian Schools General Staff Multi-Enterprise Agreement 2018 - 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). It has been made by Brindabella Christian Education Ltd, North Canberra Christian Education Association, and Trinity Christian School Incorporated. The Agreement is a multi-enterprise agreement.

[2] The Employers have provided written undertakings (Undertakings). Copies of the Undertakings are attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Christian Schools Australia Limited, trading as Christian Schools Staff Relations, applied to the Fair Work Commission for approval of the ACT Christian Schools General Staff Multi-Enterprise Agreement 2018 - 2021. The dispute involved the terms and conditions of employment for staff working at Christian schools in the Australian Capital Territory. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees and employers involved.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it provided a fair and reasonable outcome for both parties. Specifically, the Commission had to consider whether the agreement met the minimum standards for pay, conditions, and leave entitlements, as well as whether it provided adequate protections for employees and addressed any relevant industrial issues. The Commission also had to ensure that the agreement was not discriminatory and did not undermine the rights of employees to organise and bargain collectively.

In reaching its decision, the Fair Work Commission carefully considered the evidence and submissions presented by both parties. The Commission found that the proposed agreement met the requirements of the Fair Work Act and provided a fair and reasonable outcome for both employees and employers. The agreement was found to provide adequate protections for employees, including minimum pay rates, leave entitlements, and protections against discrimination. The Commission also noted that the agreement addressed relevant industrial issues and provided a clear framework for resolving disputes between the parties. Based on this analysis, the Commission approved the ACT Christian Schools General Staff Multi-Enterprise Agreement 2018 - 2021.

The final orders of the Commission were that the proposed agreement be approved, subject to certain conditions and modifications. These included the addition of specific provisions relating to parental leave and the establishment of a dispute resolution process. The Commission also directed that the agreement be registered with the Australian Industrial Relations Commission, and that it take effect from a specified date. Overall, the decision of the Fair Work Commission provides a clear framework for the employment of staff at Christian schools in the Australian Capital Territory, and ensures that both employees and employers are treated fairly and equitably.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established