DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Christian School (Inc.) T/A Launceston Christian School
(AG2018/2081)

LAUNCESTON CHRISTIAN SCHOOL (TEACHING STAFF) ENTERPRISE AGREEMENT 2017 - 2020

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Launceston Christian School (Teaching Staff) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Launceston Christian School (Teaching Staff) Enterprise Agreement 2017 - 2020 (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] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Launceston Christian School (Inc.) T/A Launceston Christian School applied to the Fair Work Commission for approval of the Launceston Christian School (Teaching Staff) Enterprise Agreement 2017-2020. The application was made under section 232 of the Fair Work Act 2009, seeking that the agreement be approved as a registered agreement. The school sought approval for the agreement to apply to its teaching staff. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act and whether it complied with the relevant provisions governing enterprise agreements.

The Commission considered various aspects of the agreement, including its form, content, and compliance with the Act. It assessed whether the agreement provided for the payment of rates of pay and conditions not less favourable than the relevant award or safety net award, and whether it included appropriate mechanisms for resolving disputes. The Commission also examined whether the agreement was negotiated in good faith and whether it complied with the procedural requirements set out in the Fair Work Act.

In determining the application, the Commission found that the agreement met the necessary requirements under the Fair Work Act. It concluded that the agreement provided for rates of pay and conditions of employment not less favourable than the relevant award and included appropriate dispute resolution mechanisms. The Commission further determined that the agreement was negotiated in good faith and complied with the procedural requirements. As a result, the Commission approved the Launceston Christian School (Teaching Staff) Enterprise Agreement 2017-2020 as a registered agreement, effective from 1 March 2017.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established