Lutheran Church of Australia Queensland District T/A Lutheran Education Queensland

[2024] FWCA 4610

[2024] FWCA 4610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lutheran Church of Australia Queensland District T/A Lutheran Education Queensland

(AG2024/4323)

QUEENSLAND LUTHERAN SCHOOLS SINGLE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 20 DECEMBER 2024

Application for approval of the Queensland Lutheran Schools Single Enterprise Agreement 2024

1. Lutheran Church of Australia Queensland District T/A Lutheran Education Queensland (the Employer) has applied for approval of an enterprise agreement known as the Queensland Lutheran Schools Single Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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 Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 October 2023 and the Agreement was made on 18 October 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Independent Education Union of Australia (IEU) and the Australian Nursing and Midwifery Federation (ANMF), each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU and the ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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