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

[2013] FWCA 6732

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
(AG2013/8457)

QUEENSLAND LUTHERAN SCHOOLS SINGLE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 6 SEPTEMBER 2013

Application for approval of the Queensland Lutheran Schools Single Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Queensland Lutheran Schools Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lutheran Church of Australia Queensland District T/A Lutheran Education Queensland.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, Australian Nursing Federation and Queensland Nurses Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 September 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Lutheran Church of Australia Queensland District, trading as Lutheran Education Queensland, applied to the Fair Work Commission for approval of the Queensland Lutheran Schools Single Enterprise Agreement 2013. The application was opposed by the Australian Education Union Queensland. The dispute centred around the terms of the agreement and whether it complied with the relevant industrial and legislative requirements.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable enterprise-wide system of classification and remuneration for employees, and if it adequately met the requirements of the Fair Work Act 2009, particularly concerning the classification of teachers and the provision of benefits. The Commission had to determine if the agreement was fair and reasonable, and if it complied with the applicable legislative provisions.

The Fair Work Commission examined the evidence presented by both parties and the provisions of the Fair Work Act 2009. The Commission found that the agreement provided for a fair and reasonable system of classification and remuneration for employees, and that it met the legislative requirements. The Commission approved the Queensland Lutheran Schools Single Enterprise Agreement 2013, finding that it was fair and reasonable and complied with the relevant provisions of the Fair Work Act 2009.

The Commission's final order was that the Queensland Lutheran Schools Single Enterprise Agreement 2013 be approved. This decision was based on the evidence and arguments presented by both parties, as well as the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement met the necessary requirements for approval, and that it provided for a fair and reasonable system of classification and remuneration for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established