DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Staff Relations Service; Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2020/2720)

ACT CHRISTIAN SCHOOLS TEACHING STAFF MULTI-ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the ACT Christian Schools Teaching Staff Multi-Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Christian Schools Staff Relations Service; Christian Schools Australia Limited T/A Christian Schools Staff Relations Service. The Agreement is a multi-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and in accordance with s.54 of the Act will operate from 28 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Christian Schools Staff Relations Service and Christian Schools Australia Limited, trading as the Christian Schools Staff Relations Service, for approval of the ACT Christian Schools Teaching Staff Multi-Enterprise Agreement 2020. The application was heard in the Fair Work Commission, a body with the authority to approve, modify, and terminate multi-enterprise agreements in Australia. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, provided adequate mechanisms for dispute resolution, and met the requirements for procedural fairness.

The Commission was required to examine the provisions of the proposed agreement, the processes involved in its creation, and whether it was negotiated in good faith. It also needed to assess if the agreement provided for the protection of employees' rights and interests, and whether it included appropriate mechanisms for resolving disputes between the parties. Additionally, the Commission had to consider the broader implications of the agreement on the teaching profession and the public interest, particularly in the context of the education sector.

In its decision, the Commission considered the evidence presented by the parties, including submissions, witness testimonies, and the terms of the agreement. The Commission found that the agreement was negotiated in good faith and provided for adequate mechanisms for dispute resolution. It also determined that the agreement was in the public interest and provided for the protection of employees' rights and interests. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission included the approval of the ACT Christian Schools Teaching Staff Multi-Enterprise Agreement 2020, with specific modifications to certain clauses to ensure compliance with the Act. The Commission also directed the parties to provide written confirmation of their acceptance of the modifications within a specified period. The decision was made to ensure that the agreement met the statutory requirements and provided for the fair treatment of employees in the Christian schools sector.

Christian Schools Staff Relations Service; Christian Schools Australia Limited 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