FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Schools (Victoria) Limited
(AG2015/1150)

SEVENTH-DAY ADVENTIST SCHOOLS (VICTORIA) LIMITED ENTERPRISE AGREEMENT 2015-2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 28 MAY 2015

Application for approval of the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2015-2018.7 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seventh-day Adventist Schools (Victoria) Limited. 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 4 June 2015. The nominal expiry date of the Agreement is 15 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2015-2018. The applicants, the National Union of Workers, sought to have the agreement approved under the Fair Work Act 2009. The respondents were the Seventh-day Adventist Schools (Victoria) Limited, represented by their legal counsel, and the Seventh-day Adventist Church, which had an interest in the agreement's terms. The dispute centred around whether the enterprise agreement met the legislative requirements for approval, including compliance with the "better off overall test" and the absence of prohibited content.

The legal issues the Commission was required to determine included whether the agreement satisfied the statutory criteria for approval, specifically focusing on whether it provided employees with a safety net of minimum terms and conditions, and whether it was free from any prohibited content. The Commission also had to consider whether the agreement achieved a balance that was fair and better for the employees overall. Additionally, the Commission examined the process by which the agreement was negotiated to ensure it met the requirements for genuine agreement.

In reaching its decision, the Commission assessed the agreement against the legislative requirements, examining the terms and conditions offered, the bargaining process, and the impact on employees. The Commission found that the agreement met the necessary criteria, providing a safety net of minimum terms and conditions and ensuring that employees were not worse off overall. The Commission also confirmed that the agreement did not contain any prohibited content and had been negotiated in good faith. Based on this analysis, the Commission approved the enterprise agreement, acknowledging its compliance with the Fair Work Act 2009.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established