Leighland Christian Parent Controlled School Inc.

[2013] FWCA 8887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leighland Christian Parent Controlled School Inc.
(AG2013/9337)

LEIGHLAND CHRISTIAN SCHOOL TEACHING STAFF ENTERPRISE AGREEMENT 2013 - 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Leighland Christian School Teaching Staff Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Leighland Christian School Teaching Staff Enterprise Agreement 2013 - 2015 (the Agreement). The application was made by the Leighland Christian Parent Controlled School Inc. pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. 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.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Leighland Christian Parent Controlled School Inc. applied for the approval of the Leighland Christian School Teaching Staff Enterprise Agreement 2013 - 2015. The applicant, a Christian school, sought the endorsement of this agreement, which outlined the terms and conditions of employment for its teaching staff. The dispute centred around whether the proposed agreement complied with the applicable industrial laws and standards.

The primary legal issue before the Commission was to determine if the agreement met the necessary criteria for approval under the Fair Work Act. This involved assessing whether the agreement provided for a fair and reasonable resolution of the employment terms for the teaching staff, in line with the provisions of the Act. The Commission also considered whether the agreement adhered to the Fair Work (Registered Organisations) Act 2009, given that the applicant was a registered organisation.

The Commission found that the Leighland Christian School Teaching Staff Enterprise Agreement 2013 - 2015 was fair and reasonable in all its terms. The agreement was deemed to be compliant with the statutory requirements and was approved. The decision was based on the evidence presented, which demonstrated that the agreement was negotiated in good faith and provided for a fair and reasonable resolution of the employment terms. The Commission took into account the specific circumstances of the school and its teaching staff, ensuring that the agreement was consistent with the overarching principles of the Fair Work Act.

The Fair Work Commission approved the Leighland Christian School Teaching Staff Enterprise Agreement 2013 - 2015, effective from the date of the decision. The agreement was registered and became a legally binding instrument governing the employment conditions of the teaching staff at the school. The Commission's decision provided clarity and certainty for both the Leighland Christian Parent Controlled School Inc. and its teaching staff, ensuring that their rights and obligations were adequately protected under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established