DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Education SA, NT & WA
(AG2018/3647)

LUTHERAN SCHOOLS NT COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Lutheran Schools NT Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Schools NT Collective Enterprise Agreement 2018 (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 SA, NT & WA. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lutheran Education SA, NT & WA, applied for approval of the Lutheran Schools NT Collective Enterprise Agreement 2018 before the Fair Work Commission. The respondent, the Lutheran Schools NT, did not oppose the application but raised concerns regarding the agreement's provisions. The primary legal issue the court had to decide was whether the agreement met the necessary standards under the Fair Work Act 2009, specifically whether it complied with the Good Faith Bargaining (GFB) provisions.

The court examined the GFB provisions and considered the evidence presented by both parties. It was determined that the Lutheran Schools NT had engaged in good faith bargaining, as it had made genuine and reasonable efforts to reach an agreement. The court also found that the agreement did not unfairly disadvantage any party and complied with the minimum standards set out in the Fair Work Act 2009. Consequently, the court approved the Lutheran Schools NT Collective Enterprise Agreement 2018.

The Fair Work Commission approved the application and approved the agreement as meeting the requirements under the Fair Work Act 2009. The court's decision was based on the evidence presented and the conclusion that the Lutheran Schools NT had engaged in good faith bargaining. The agreement was found to comply with the GFB provisions and did not unfairly disadvantage any party. The court's approval of the agreement allows Lutheran Education SA, NT & WA to implement the terms and conditions set out in the agreement.

Lutheran Education SA, NT & WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established