Independent Education Union of Australia

[2022] FWCA 1434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/1102)

Lutheran Schools NT Collective Enterprise Agreement 2021

Educational services
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2022

Application for approval of the Lutheran Schools NT Collective Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Lutheran Schools NT Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 44.5(a)(2) - Notice of Termination by Lutheran School Officer.
· Clause 84.4(a) - Substitution of public holidays.

However, noting clause 11.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Lutheran Schools Northern Territory sought to have the Lutheran Schools NT Collective Enterprise Agreement 2021 approved by the Fair Work Commission. The Independent Education Union of Australia contested the approval. The dispute was heard by the Fair Work Commission. The primary legal issues the Court had to resolve were whether the agreement provided fair and reasonable terms for employees, adhered to the relevant legislation, and was consistent with the national minimum employment standards.

The Commission assessed whether the agreement met the statutory criteria for approval, including provisions for employee entitlements, conditions of employment, and the process for resolving disputes. The Court found that the agreement provided fair and reasonable terms for employees and complied with the relevant legislative framework. The Commission concluded that the agreement was consistent with national minimum employment standards and was not likely to have an adverse effect on the national system of industrial relations.

The Fair Work Commission approved the Lutheran Schools NT Collective Enterprise Agreement 2021. The Court found that the agreement met the criteria for approval under the relevant legislation and did not have any adverse effects on the national system of industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established