NT Christian Schools Summary

[2014] FWCA 392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT Christian Schools
(AG2013/12188)

NT CHRISTIAN SCHOOLS FAMILY GROUP HOME HOUSE PARENT ENTERPRISE AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 29 JANUARY 2014

Application for approval of the NT Christian Schools Family Group Home House Parent Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NT Christian Schools Family Group Home House Parent Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NT Christian Schools. The Agreement is a single-enterprise agreement.

[2] 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] I note that the Agreement makes provision for a deduction from gross wages paid to house parents as a payment towards the provision by the employer of accommodation, food, use of a car, phone and internet. There can be little doubt that the value of these non-monetary benefits exceeds the amount of the deduction. The deduction provided for in the Agreement is not an impediment to approval of the Agreement. However, it would be prudent for the employer to formally seek the agreement of each such employee pursuant to s.324 of the Act to avoid any argument that s.323(1)(a) has effect to oblige the employer to pay more than the net amount provided for in the agreement, after deductions, notwithstanding the terms of the Agreement.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2014. The nominal expiry date of the Agreement is 4 February 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, NT Christian Schools, sought approval of an enterprise agreement for the House Parent Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The dispute centred around the appropriateness and compliance of the proposed agreement with relevant industrial laws and standards.

The primary legal issues addressed were whether the agreement was made in good faith and whether it met the criteria for being a 'single interest' enterprise agreement. Additionally, the court examined if the process leading to the agreement's formation was fair and if it adhered to the procedural requirements stipulated by the Fair Work Act. The fairness of the agreement's terms and conditions was also under scrutiny.

The Fair Work Commission found that the agreement was indeed made in good faith and complied with all relevant provisions of the Fair Work Act. The court noted that the process leading to the agreement was transparent and fair, with appropriate consultation between the parties. The agreement was deemed to be a 'single interest' enterprise agreement, as it was made with a single group of employees. Furthermore, the terms and conditions of the agreement were considered fair and reasonable. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the NT Christian Schools Family Group Home House Parent Enterprise Agreement 2013, confirming its compliance with the necessary legal and procedural standards.

NT Christian Schools

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established