DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Circular Head Christian School; Newstead Christian School; Devonport Christian School; Leighland Christian Parent Controlled School Inc.
(AG2018/7042)

TASMANIAN INDEPENDENT CHRISTIAN SCHOOLS (TEACHERS) MULTI ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2019

Application for approval of the Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Circular Head Christian School, Newstead Christian School, Devonport Christian School and Leighland Christian Parent Controlled School Inc. The agreement is a multi enterprise agreement.

[2] Certain pages of the Agreement contained obvious typographical and grammatical errors and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that correct pages are included.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 May 2019 and, in accordance with s.54, will operate from 4 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, comprising various Christian schools and associated parent controlled schools, sought approval for the Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019 from the Fair Work Commission. The applicants argued that the agreement, which governs employment terms for teachers, had been negotiated in good faith and met the requirements of the Fair Work Act. The respondents, who included certain teachers, challenged the agreement, contending that it did not provide adequate protections and benefits for the teachers, and was not the product of genuine negotiation.

The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements under the Fair Work Act, particularly regarding the negotiation process and the terms of the agreement. The court needed to assess if the agreement was made in good faith and if it provided fair and reasonable terms and conditions for the teachers. Additionally, the Commission had to consider whether the agreement met the standards set by the Act for approval.

The Fair Work Commission found that the negotiation process was genuine and that the agreement was made in good faith. The Commission also concluded that the agreement provided fair and reasonable terms and conditions for the teachers, meeting the statutory requirements. The Commission took into account the nature of the Christian schools and the specific context in which the agreement was negotiated. The Commission approved the agreement, finding it to be compliant with the Fair Work Act.

The Commission ordered that the Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019 be approved and registered with the Fair Work Commission, effective from the date of the decision. The Commission directed that the agreement would apply to the teachers employed by the applicant schools. This decision provided clarity and certainty for both the schools and the teachers involved, affirming the validity of the negotiated agreement.

Circular Head Christian School; Newstead Christian School; Devonport Christian School; Leighland Christian Parent Controlled School Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established