Lutheran Schools Association of SA, NT & WA Inc

[2016] FWCA 929

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lutheran Schools Association of SA, NT & WA Inc T/A Lutheran Schools

Association

(AG2015/7702)

LUTHERAN SCHOOLS WA ENTERPRISE AGREEMENT 2015

Educational services

COMMISSIONER LEE

MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Lutheran Schools WA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Lutheran Schools WA Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lutheran

Schools Association of SA, NT & WA Inc T/A Lutheran Schools Association. The

Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that clause 72.5 of the Agreement provides that overtime will be paid in

accordance with clause 75.3. I note that this is a typographical error and intends to refer to

clause 72.3. Pursuant to s.586 I am allowing a correction of clause 72.5 of the Agreement

such that clause 72.5 will now read:

Lutheran School Officers who are required by the School to attend School functions
out of hours must be paid overtime in accordance with clause 72.3

[2016] FWCA 929

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 February 2016. The nominal expiry date of the Agreement is 10 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code T, AE417803 PR576973

[2016] FWCA 929

Annexure A

CaseChat Overview and Summary

The Lutheran Schools Association of SA, NT & WA Inc, trading as Lutheran Schools Association, applied to the Fair Work Commission for approval of the Lutheran Schools WA Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The agreement was for educational services and was a single enterprise agreement. The Independent Education Union of Australia, as a bargaining representative, sought to have the agreement cover it, and the Commissioner approved this application under section 201(2) of the Act.

The legal issues before the court were whether the application for approval met the requirements of sections 186, 187, 188, and 190 of the Act, and if the written undertakings provided by the Applicant would not cause financial detriment to employees or result in substantial changes to the agreement. Additionally, the court needed to address a typographical error in clause 72.5 of the agreement and determine whether the agreement should cover the Independent Education Union of Australia.

The Commissioner found that the application for approval met the requirements of sections 186, 187, 188, and 190 of the Act, and the written undertakings provided by the Applicant would not cause financial detriment to employees or result in substantial changes to the agreement. The Commissioner also approved the correction of the typographical error in clause 72.5 of the agreement, such that it would now read as intended, referring to clause 72.3. Furthermore, the Commissioner approved the coverage of the Independent Education Union of Australia under the agreement. The agreement was approved and would operate from 18 February 2016, with a nominal expiry date of 10 February 2018.

The final orders of the court were that the Lutheran Schools WA Enterprise Agreement 2015 would be approved, and the Independent Education Union of Australia would be covered by the agreement. The correction to clause 72.5 was also approved, and the agreement would operate from 18 February 2016, with a nominal expiry date of 10 February 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established