Prolegis Lawyers and Christian Schools Australia Limited T/A Christian Schools Staff Relations Service

[2020] FWCA 2053

[2020] FWCA 2053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prolegis Lawyers and Christian Schools Australia Limited T/A Christian Schools Staff Relations Service
(AG2020/815)

NSW CHRISTIAN SCHOOLS GENERAL STAFF MULTI-ENTERPRISE AGREEMENT –2020 - 2023

Educational services
COMMISSIONER WILSON	MELBOURNE, 21 APRIL 2020

Application for approval of the NSW Christian Schools General Staff Multi-Enterprise Agreement - 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the NSW Christian Schools General Staff Multi-Enterprise Agreement - 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prolegis Lawyers and Christian Schools Australia Limited T/A Christian Schools Staff Relations Service. The Agreement is a multi-enterprise agreement.

[2] The Employers have 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. The undertakings are taken to be a term of the agreement.

[3] The Agreement lodged with the Fair Work Commission contained signature pages for four schools which omitted an address for the signatories and the signature pages for two schools which omitted to provide a name of the signatories. Amended signature pages were filed in the Commission on 7 April 2020 for the six schools rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the pages should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Further, Schedule H to the Agreement contained an error in the list of schools to be covered by the Agreement. An amended Schedule H was filed in the Commission with the initiating application on 19 March 2020. I am satisfied that the correction to Schedule H should also be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] At Illawarra Christian School, Calderwood Christian School and Kuyper Christian School there was not 7 clear days provided from the date of notification of the vote prior to voting commencing and several of the Notice of Employee Representational Rights were not edited correctly.  Nevertheless, in the circumstances, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration and submissions provided I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the errors.

[6] Following the ballot process, at Calvary Chapel Christian School Limited T/A Hope Point Christian School, it was identified that that two casual staff who were engaged from the time of distribution of the voting materials to the conclusion of the ballot were not provided with materials or the opportunity to vote.  The School submits that the Agreement was otherwise approved by all of the other eligible staff, a total of 9 employees.  I am satisfied that this error was a genuine oversight and that had it not occurred, it would not have disturbed the outcome of the ballot.  I am also satisfied that, entirely within this context, this is a minor procedural or technical error made in relation to the requirements of s.188(1)(a) and that but for the error the agreement would have been genuinely agreed.

[7] As a result of these considerations I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[8] 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.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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Annexure A