Leighland Christian Parent Controlled School Inc. Summary

[2016] FWCA 2639

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leighland Christian Parent Controlled School Inc.

(AG2016/727)

LEIGHLAND CHRISTIAN SCHOOL TEACHING STAFF ENTERPRISE

AGREEMENT 2015 - 2017

Educational services

COMMISSIONER GREGORY

MELBOURNE, 28 APRIL 2016

Application for approval of the Leighland Christian School Teaching Staff Enterprise

Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the

Leighland Christian School Teaching Staff Enterprise Agreement 2015 - 2017 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Leighland Christian Parent Controlled School Inc. The Agreement is a

single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] 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.

[4] For the sake of clarity, I note that under the Educational Services (Teachers) Award

2010, employees who are not teachers employed in early childhood services operating for at

least 48 weeks per year are not entitled overtime and/or penalty rates.

[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) I note that the Agreement covers the organisation.
[2016] FWCA 2639

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

5 May 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Leighland Christian Parent Controlled School Inc., the Fair Work Commission was tasked with approving the Leighland Christian School Teaching Staff Enterprise Agreement 2015 - 2017. The application for approval was made by the school under section 185 of the Fair Work Act 2009. The Independent Education Union of Australia, a bargaining representative, sought for the agreement to cover its members. The key legal issues before the Commission were whether the application met the requirements under sections 186, 187, and 188 of the Act, and if the agreement would cover the union as requested.

The Commissioner found that all relevant requirements under the Act had been satisfied. Notably, the agreement included the model flexibility term prescribed by the Fair Work Regulations 2009, as per section 202(4) of the Act. Additionally, the Commissioner clarified that employees not employed in early childhood services were not entitled to overtime or penalty rates under the Educational Services (Teachers) Award 2010. Given that the union had notified its intent for the agreement to cover its members under section 183, the Commissioner concluded that the agreement did indeed cover the union as per section 201(2) of the Act.

As a result, the Commissioner approved the Leighland Christian School Teaching Staff Enterprise Agreement 2015 - 2017. The agreement was set to operate from 5 May 2016, with a nominal expiry date of 31 December 2017, in accordance with section 54 of the Act. This decision ensures that the agreement, which meets all statutory requirements, is now in effect, governing the terms and conditions of employment for the teaching staff at the school.

Leighland Christian Parent Controlled School Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established