Seventh-day Adventist Schools (Greater Sydney) Limited

[2023] FWCA 97

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-day Adventist Schools (Greater Sydney) Limited

(AG2022/5034)

NON-TEACHING STAFF SEVENTH-DAY ADVENTIST SCHOOLS (GREATER SYDNEY) LIMITED ENTERPRISE AGREEMENT 2023 – 2025

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 11 JANUARY 2023

Application for approval of the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2023 - 2025.

Seventh-day Adventist Schools (Greater Sydney) Limited (the Employer) has made an application for the approval of the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2023 – 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 15 – Public Holidays is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 15 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2023-2025. The applicant, Seventh-day Adventist Schools (Greater Sydney) Limited, sought the Commission’s approval of the proposed enterprise agreement which was intended to govern the terms and conditions of employment for non-teaching staff within the organisation. The nature of the dispute centred on the compliance of the agreement with the relevant legislative framework and the protection of the employees' rights.

The primary legal issues that the Commission had to resolve included whether the agreement provided for the minimum terms and conditions as prescribed by the Fair Work Act 2009, and if the agreement was made in good faith and without coercion, as required by the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to consider whether the proposed agreement met the statutory requirements for disclosure and consultation with the employees.

In reaching its decision, the Commission examined the documentation provided by the applicant and the responses from the relevant parties. It found that the proposed agreement adequately covered the minimum terms and conditions and that the process leading to the agreement was conducted in good faith. The Commission noted that the applicant had followed the necessary procedures for disclosure and consultation, thus meeting the statutory requirements. Consequently, the Commission approved the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2023-2025.

The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the approval. This decision provided legal certainty to the terms and conditions of employment for the non-teaching staff within the organisation, ensuring compliance with the relevant legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established