DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Education Queensland, a department of the Lutheran Church of Australia, Queensland District T/A Lutheran Education Queensland
(AG2016/7007)

QUEENSLAND LUTHERAN SCHOOLS SINGLE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

Application for approval of the Queensland Lutheran Schools Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Lutheran Schools Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lutheran Education Queensland, a department of the Lutheran Church of Australia, Queensland District T/A Lutheran Education Queensland. 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] The Independent Education Union of Australia, the Australian Nursing and Midwifery Federation and the 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lutheran Education Queensland sought approval of the Queensland Lutheran Schools Single Enterprise Agreement 2016. The application was made to the Fair Work Commission. The dispute centred around the terms and conditions of employment for teachers within the Lutheran education system in Queensland. The primary legal issues before the Commission were whether the proposed agreement complied with the relevant legislative framework and whether it was in the best interests of the employees.

The Commission examined the agreement's provisions, including wages, hours of work, leave entitlements, and other employment conditions. It also considered submissions from both Lutheran Education Queensland and the relevant unions. The Commission assessed whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on whether it provided for fair and reasonable terms and conditions. The Commission concluded that the agreement complied with the legislative standards and was in the best interests of the employees, given the specific context of the Lutheran education system.

Consequently, the Fair Work Commission approved the Queensland Lutheran Schools Single Enterprise Agreement 2016. This decision confirmed that the agreement was fair and reasonable, meeting the statutory requirements and serving the best interests of the employees within the Lutheran education system.

Lutheran Education Queensland, a department of the Lutheran Church of Australia, Queensland District T/A Lutheran Education Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established