DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Schools Association of SA, NT & WA Inc T/A Lutheran Schools Association
(AG2017/4516)

LUTHERAN SCHOOLS SA ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 MARCH 2018

Application for approval of the Lutheran Schools SA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Schools SA Enterprise Agreement 2017 (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] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Lutheran Schools Association. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 14 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Lutheran Schools Association of SA, NT & WA Inc T/A Lutheran Schools Association, the Fair Work Commission was called upon to approve a proposed enterprise agreement. The Lutheran Schools Association sought approval for the Lutheran Schools SA Enterprise Agreement 2017, which would apply to employees within its schools in South Australia, the Northern Territory, and Western Australia. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a "small business enterprise agreement" as defined under the Fair Work Act, and whether it complied with the procedural requirements for approval. Specifically, the Commission needed to determine if the agreement had been fairly and properly negotiated, if it contained the necessary minimum terms and conditions, and if it was in compliance with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission considered whether the agreement met the criteria for a "good faith" agreement, which includes ensuring fair and reasonable terms for employees.

The Commission concluded that the agreement was a small business enterprise agreement and was fairly and properly negotiated. It was found to contain all the minimum terms and conditions required by the Fair Work Act, and it met the criteria for a good faith agreement. The Commission also noted that the agreement provided a fair and reasonable outcome for the employees, balancing the needs of the employer and the workforce. Based on these findings, the Commission approved the Lutheran Schools SA Enterprise Agreement 2017, allowing it to come into effect as of the specified commencement date.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established