DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Schools Tasmania
(AG2016/7034)

CHRISTIAN SCHOOLS TASMANIA ENTERPRISE AGREEMENT (TEACHERS) 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Christian Schools Tasmania Enterprise Agreement (Teachers) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Christian Schools Tasmania Enterprise Agreement (Teachers) 2016 (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 29 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Schools Tasmania was a party in an application before the Fair Work Commission seeking approval of an enterprise agreement. The nature of the dispute centred around the proposed enterprise agreement between Christian Schools Tasmania and its teachers, which was put forth in 2016. The applicant argued that the agreement should be approved as it met the necessary criteria for fair and equitable treatment of employees under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act. This included assessing if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the process requirements outlined in the Act. The court needed to determine if the agreement was procedurally valid and if it provided for fair and reasonable terms, including remuneration, hours of work, and other employment conditions.

The Fair Work Commission found that the proposed enterprise agreement did not meet the criteria for approval. The Commission highlighted several deficiencies in the agreement, including inadequate provisions regarding remuneration, leave entitlements, and procedural fairness. The Commission determined that these shortcomings meant the agreement did not provide for fair and reasonable terms and conditions for the employees. Consequently, the application for approval was dismissed, and the enterprise agreement was not approved.

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