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

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lutheran Church of Australia Queensland District, trading as Lutheran Education Queensland, sought approval of the Queensland Lutheran Schools Single Enterprise Agreement 2024. The dispute arose from negotiations between the employer and the teachers' union, resulting in a proposed agreement that the union contested. The matter was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions and if it was fair and reasonable. The union argued that the agreement did not adequately protect teachers' conditions and was not fair and reasonable.

The Commission examined the agreement in detail, considering the statutory minimum terms, the bargaining positions of the parties, and the overall fairness of the agreement. The Commission concluded that the proposed agreement included all the necessary minimum terms and was fair and reasonable. It approved the agreement, finding that it balanced the interests of both the employer and the employees. The union's objections were largely unfounded, and the agreement was deemed suitable for implementation.

The Fair Work Commission approved the Queensland Lutheran Schools Single Enterprise Agreement 2024, dismissing the union's objections. This decision ensures that the agreement can be implemented as a binding contract between the employer and the teachers, providing a framework for the terms and conditions of employment within the Lutheran education system in Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established