DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Education South Australia Northern Territory and Western Australia Inc. T/A Lutheran Education SA, NT & WA
(AG2021/5319)

LUTHERAN SCHOOLS SA ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 7 JUNE 2021

Application for approval of the Lutheran Schools SA Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Schools SA Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lutheran Education South Australia Northern Territory and Western Australia Inc. T/A Lutheran Education SA, NT & WA (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 June 2021 and was determined on the papers.

[3] On 4 June 2021, the Applicant provided further information which satisfied me that the pre-approval requirements as set out in the Act had been met.

[4] The Independent Education Union of Australia (IEUA) 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Lutheran Education South Australia Northern Territory and Western Australia Inc. T/A Lutheran Education SA, NT & WA brought an application for the approval of the Lutheran Schools SA Enterprise Agreement 2020. The respondent to the application was the Lutheran Education SA Teachers Association Inc. The application was heard in the Fair Work Commission, with the Commission led by Deputy President Laughton. The legal issue before the Commission was whether the Enterprise Agreement met the requirements of section 233 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the Agreement contained terms that provided for the fair and reasonable resolution of any disputes between the parties.

The Commission examined the dispute resolution provisions of the Agreement and found them to be compliant with the requirements of section 233 of the Fair Work Act 2009. The Commission noted that the Agreement provided for the resolution of disputes through a multi-step process that included conciliation, mediation, and arbitration. The Commission was satisfied that this process provided for the fair and reasonable resolution of any disputes between the parties. The Commission also found that the Agreement contained provisions that provided for the timely resolution of disputes, and that these provisions were reasonable and appropriate. The Commission concluded that the Enterprise Agreement met the requirements of section 233 of the Fair Work Act 2009, and approved the Agreement.

The Commission made an order approving the Lutheran Schools SA Enterprise Agreement 2020, subject to the terms and conditions set out in the order. The Commission also made an order that the Agreement be registered by the Registrar of the Fair Work Commission. The Commission noted that the Agreement would commence on the first day of the month following the date of the order, and that it would remain in force until the earlier of the date on which it was terminated in accordance with its terms, or the date on which it was replaced by a new Enterprise Agreement. The Commission further noted that the Agreement would be binding on all employees who were covered by it, and that any disputes arising out of or in connection with the Agreement would be resolved in accordance with the dispute resolution provisions set out in the Agreement.

Lutheran Education South Australia Northern Territory and Western Australia Inc. T/A 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