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

[2021] FWCA 954

[2021] FWCA 954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lutheran Church of Australia Queensland District T/A Lutheran Education Queensland
(AG2020/3725)

QUEENSLAND LUTHERAN SCHOOLS SINGLE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER HUNT	BRISBANE, 23 FEBRUARY 2021

Application for approval of the Queensland Lutheran Schools Single Enterprise Agreement 2020.

[1] Lutheran Church of Australia Queensland District T/A Lutheran Education Queensland (the Applicant) has applied for approval of an enterprise agreement known as the Queensland Lutheran Schools Single Enterprise Agreement 2020 (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.

[2] The Agreement covers 25 Lutheran primary school and colleges where the employer is the Lutheran Church of Australia Queensland District (LCADQ), together with one Lutheran primary school where the employer is the Peace Lutheran Church Gatton, trading as Peace Lutheran Primary School (collectively the Employers). The Employers obtained a single interest employer authorisation from the Fair Work Commission (the Commission) pursuant to s.249 of the Act relevant to this Agreement on 18 September 2019, [PR712453], and as varied by me on 16 February 2021, [PR727033].

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Queensland Nurses and Midwives’ Union (the QNMU), the Independent Education Union of Australia (the IEUA) and Transport Workers’ Union of Australia (the TWU) regarding the undertakings, allowing a certain period from receipt of the undertakings to provide any views. I did not receive any correspondence to my chambers regarding the undertakings.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 Employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The QNMU, the IEUA and the TWU have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the QNMU, the IEUA and the TWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE510532  PR727195>

Annexure A: