DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lutheran Schools Association SA, NT and WA Inc
(AG2014/10402)

LUTHERAN SCHOOLS NT ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 18 MARCH 2015

Application for approval of the Lutheran Schools NT Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lutheran Schools NT Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lutheran Schools Association SA, NT and WA Inc. 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Lutheran Schools Association SA, NT and WA Inc applied for approval of the Lutheran Schools NT Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was a genuinely bargained agreement, and whether it complied with the good faith bargaining and other statutory obligations under the Act.

The Commission found that the agreement was genuinely bargained and met the statutory requirements for approval. It was satisfied that the agreement was the product of genuine bargaining between the parties, and that it complied with the good faith bargaining obligations under the Act. The Commission also found that the agreement contained terms that were no less favourable than the applicable awards, and that it met the other statutory requirements for approval. The Commission noted that the agreement provided for a range of protections for employees, including provisions for leave, minimum wage rates, and dispute resolution mechanisms.

The Fair Work Commission approved the Lutheran Schools NT Enterprise Agreement 2014. The Commission found that the agreement was a genuinely bargained agreement, and that it met the statutory requirements for approval. The Commission noted that the agreement contained terms that were no less favourable than the applicable awards, and that it provided for a range of protections for employees.

The Lutheran Schools Association SA, NT and WA Inc was granted approval of the Lutheran Schools NT Enterprise Agreement 2014.

Lutheran Schools Association SA, NT and WA Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established