[2015] FWCA 4085

The attached document replaces the document previously issued with the above code on 17 June 2015.

Paragraph [4] has been removed, and the paragraph numbers have been renumbered accordingly.

Alicia Philbey

Relief Associate to Commissioner Johns

Dated 17 June 2015

[2015] FWCA 4085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist (North New South Wales) Ltd
(AG2014/10898)

TEACHERS’ SEVENTH-DAY ADVENTIST SCHOOLS (NORTH NEW SOUTH WALES) LIMITED ENTERPRISE AGREEMENT 2015-2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2015

Application for approval of the Teachers’ Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2015-2017.

[1] On 17 December 2014, Seventh-day Adventist Schools (North New South Wales) Ltd made an application for approval of the Teachers’ Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements in ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Seventh-day Adventist (North New South Wales) Limited and its application for the approval of the Teachers’ Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2015-2017. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. This included ensuring the agreement was made in good faith, was free from coercion, and contained minimum terms and conditions that met the safety net provisions of the Act. The court also had to consider whether the agreement adequately addressed the bargaining needs of the parties and was in the best interest of the employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and was free from any form of coercion. The agreement was deemed to meet the minimum safety net provisions and contained terms that were fair and reasonable. The court noted that the agreement was the result of extensive negotiations and took into account the specific needs of both the employer and the employees. The Commission concluded that the agreement was in the best interest of the employees and approved it under the Fair Work Act.

As a result of the court's decision, the Teachers’ Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2015-2017 was approved and will now serve as the binding agreement between the Seventh-day Adventist (North New South Wales) Limited and its employees. The agreement provides a framework for the terms and conditions of employment, including wages, hours of work, and other employment-related matters, for the duration of the agreement.

Seventh-day Adventist (North New South Wales) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established