Launceston Christian School (Inc.) Trading AS Launceston Christian School

[2025] FWCA 1387

[2025] FWCA 1387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Launceston Christian School (Inc.) Trading AS Launceston Christian School

(AG2025/845)

LAUNCESTON CHRISTIAN SCHOOL SUPPORT STAFF ENTERPRISE AGREEMENT 2025-2028

Educational services
COMMISSIONER CONNOLLY	MELBOURNE, 28 APRIL 2025

Application for approval of the Launceston Christian School Support Staff Enterprise Agreement 2025-2028.

1. An application has been made for approval of an enterprise agreement known as the Launceston Christian School Support Staff Enterprise Agreement 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Launceston Christian School (Inc.) Trading AS Launceston Christian School (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 3 April 2025.

1. The notification time for the Agreement under s.173(2) was 20 May 2024 and the Agreement was made on 18 March 2025.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

1. On 15 April 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. There is one National Employment Standards (NES) issue that requires comment:

• Family and domestic leave: Clause 30 of the Agreement outlines the entitlement to paid domestic and family violence leave for employees, however, it appears to only allow full-time and part-time employees to access the paid portion of this leave type. The NES precedence clause in the Agreement may remedy this issue, however, it is noted that clause 30.2 and 30.3 create a distinction between entitlements for full-time, part-time and causal employees which may be inconsistent with s.106A of the Act which provides for casuals to receive paid family and domestic violence leave for the shifts they were rostered during the period they took the leave.

1. Clause 8 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. The Applicant has provided written undertakings, dated 17 April 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Schools) General Staff Award 2020 is taken to be a term of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2028.

COMMISSIONER

ANNEXURE A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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