DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Tasmania
(AG2018/6729)

CHRISTIAN SCHOOLS TASMANIA ENTERPRISE AGREEMENT (TEACHERS) 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Christian Schools Tasmania Enterprise Agreement (Teachers) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Christian Schools Tasmania Enterprise Agreement (Teachers) 2019 (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 Tasmania. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 31 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Schools Tasmania applied for approval of the Christian Schools Tasmania Enterprise Agreement (Teachers) 2019, which was contested by the Tasmanian Teachers Union. The matter was heard in the Fair Work Commission, with the case focusing on whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for approval as set out in the Act, specifically whether the agreement was made in good faith, and whether it covered all necessary terms and conditions of employment.

The Fair Work Commission considered whether the agreement was genuinely negotiated between the employer and the employees' representative, and whether it contained the necessary procedural safeguards, such as the proper use of the conciliation and negotiation process. Additionally, the Commission examined whether the agreement met the substantive requirements, including the provision of minimum entitlements and the avoidance of detrimental effects on employees. After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith, and it contained all the necessary terms and conditions of employment. The Commission also found that the agreement did not have any detrimental effects on the employees and met the requirements for approval under the Act.

As a result, the Fair Work Commission approved the Christian Schools Tasmania Enterprise Agreement (Teachers) 2019, subject to the terms and conditions set out in the decision. The approval ensures that the agreement will be legally binding on the parties and will govern the employment relationship between Christian Schools Tasmania and its teachers. The decision highlights the importance of ensuring that enterprise agreements meet the necessary procedural and substantive requirements for approval to protect the interests of both employers and employees.

Christian Schools Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established