CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Christian School (Inc.) T/A Launceston Christian School
(AG2014/10344)

LAUNCESTON CHRISTIAN SCHOOL TEACHING STAFF ENTERPRISE AGREEMENT 2014 - 2017

Tasmania
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 MARCH 2015

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

[1] The decision issued by the Fair Work Commission on 20 February 2015 [[2015] FWCA 1210, PR561237] is corrected as follows:

1. By deleting the words “clause 29” appearing in paragraph [3] and inserting “clause 9”.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Launceston Christian School (Inc.) Trading as Launceston Christian School, an incorporated association, sought approval for its Teaching Staff Enterprise Agreement 2014-2017. This case involved the Fair Work Commission, under the Fair Work Act 2009, to decide on the approval of the enterprise agreement. The school’s application for approval was challenged on the basis that certain provisions in the agreement did not meet the requirements for approval under the Act. The legal issues at the core of this case included whether the provisions in the agreement were consistent with the provisions of the Fair Work Act, specifically focusing on the mandatory terms and conditions set out in the Act.

The Deputy President of the Fair Work Commission, Smith, reviewed the agreement and found that the original decision contained an error in referencing a clause. Specifically, the original decision mistakenly referenced clause 29, whereas the correct clause was clause 9. This error necessitated a correction to the decision to accurately reflect the provisions being reviewed. The Deputy President considered the implications of this correction and assessed whether the corrected provisions in the agreement met the legal requirements for approval. The Deputy President concluded that the corrected provisions did comply with the Act, thus the agreement could proceed to be approved.

Following the correction of the error in the decision, the Deputy President approved the Launceston Christian School Teaching Staff Enterprise Agreement 2014-2017. The Deputy President noted that, with the appropriate clause referenced, the provisions of the agreement met the requirements under the Fair Work Act, and therefore, the agreement was suitable for approval. The Deputy President made an order approving the agreement as corrected, ensuring that it complied with the necessary legal standards. This correction and approval enabled the agreement to be implemented between the Launceston Christian School and its teaching staff for the specified period.

LAUNCESTON CHRISTIAN SCHOOL TEACHING STAFF ENTERPRISE AGREEMENT 2014 - 2017

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established