DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Christian School (Inc.) T/A Launceston Christian School
(AG2014/10345)

LAUNCESTON CHRISTIAN SCHOOL SUPPORT STAFF ENTERPRISE AGREEMENT 2014-2017

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the Launceston Christian School Support Staff Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Launceston Christian School Support Staff Enterprise Agreement 2014-2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Launceston Christian School (Inc.) T/A Launceston Christian School. The undertakings were submitted to me in the form of a letter dated 12 February 2015 (the Letter). I have taken the Letter as an undertaking by the applicant that all employees will have the right to the representation of their choice in relation to any disputes being dealt with under clause 29 of the Agreement.

[4] In accordance with s.191(1) of the Act the undertakings referred to in paragraph 3 above are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The parties involved in this case were Launceston Christian School, trading as Launceston Christian School, and the Australian Education Union. The dispute centered around the approval of the Launceston Christian School Support Staff Enterprise Agreement for the period 2014-2017. The case was heard in the Fair Work Commission. The primary legal issues the court had to address were whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, and whether the agreement was procedurally sound in its creation and negotiation. The court examined whether the agreement was genuinely negotiated, whether it included the required minimum terms and conditions, and if it was in compliance with the principles of good faith bargaining.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained all the required minimum terms and conditions. The commission assessed the negotiation process and concluded that it was conducted in good faith. Furthermore, the commission determined that the agreement was procedurally fair, as it was based on a proper exchange of proposals and counter-proposals between the parties. The commission noted that the agreement was comprehensive, covering various aspects of employment, including wages, working hours, leave provisions, and dispute resolution mechanisms. The court concluded that the agreement met all the legal requirements for approval.

The commission approved the Launceston Christian School Support Staff Enterprise Agreement for the period 2014-2017, confirming that it was a genuine, fair, and legally compliant agreement. The decision recognised the efforts made by both parties to negotiate in good faith and reach a mutually acceptable agreement. The commission's approval of the agreement ensured that the support staff at Launceston Christian School would be governed by the terms and conditions set out in the agreement, providing them with a fair and stable working environment.

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

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established