DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Christian School (Inc.) T/A Launceston Christian School
(AG2017/6090)

LAUNCESTON CHRISTIAN SCHOOL SUPPORT STAFF ENTERPRISE AGREEMENT 2017-2020

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2018

Application for approval of the Launceston Christian School Support Staff Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Launceston Christian School Support 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 Applicant 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, and 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 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.) applied to the Fair Work Commission for approval of the Launceston Christian School Support Staff Enterprise Agreement 2017-2020. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The application for approval was opposed by the Australian Education Union (AEU).

The central legal issue was whether the agreement complied with the procedural and substantive requirements for approval. Procedurally, the AEU argued that the agreement was not made in good faith or was not made for the purpose of facilitating a productive workplace relationship. Substantively, the AEU contended that the agreement contained terms that were contrary to public policy or were otherwise invalid.

The Fair Work Commission found that the application met the procedural requirements for approval. It held that the agreement was made in good faith and for the purpose of facilitating a productive workplace relationship. The Commission also found that the agreement did not contain any terms that were contrary to public policy or were otherwise invalid. As such, the Commission approved the agreement. The AEU's appeal against the decision was dismissed.

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