Launceston Christian School (Inc.) T/A Launceston Christian School

[2021] FWCA 6816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Christian School (Inc.) T/A Launceston Christian School
(AG2021/8316)

LAUNCESTON CHRISTIAN SCHOOL SUPPORT STAFF ENTERPRISE AGREEMENT 2021-2024

Educational services
COMMISSIONER WILSON	MELBOURNE, 23 NOVEMBER 2021

Application for approval of the Launceston Christian School Support Staff Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Launceston Christian School Support Staff Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Launceston Christian School (Inc.) T/A Launceston Christian School. 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 30 November 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Launceston Christian School, trading as Launceston Christian School, applied for the approval of the Launceston Christian School Support Staff Enterprise Agreement 2021-2024. The school, which operates under a Christian ethos, sought to have the agreement, which sets out the terms and conditions of employment for its support staff, formally recognised and enforced. The application was contested by the Australian Education Union, which raised concerns about certain provisions of the agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided a safety net of minimum terms and conditions for the support staff. The Commission needed to determine if the agreement was made in accordance with the good faith bargaining provisions and if it contained the mandated minimum terms and conditions, including minimum wages, leave entitlements, and other employment standards.

The Commission found that the agreement was the product of genuine and good faith bargaining between the school and the union. It held that the provisions of the agreement, while not perfect, provided a safety net of minimum terms and conditions that were not less favourable than the applicable awards and the national employment standards. The Commission was satisfied that the agreement did not unfairly discriminate on the basis of religion and that it complied with the other statutory requirements for approval. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for formal recognition.

The Commission's decision was that the Launceston Christian School Support Staff Enterprise Agreement 2021-2024 was approved and would be registered with the Fair Work Commission. The agreement would now serve as the legally binding contract between the school and its support staff for the period specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established