Seventh-Day Adventist Schools (Greater Sydney) Ltd

[2023] FWCA 294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-Day Adventist Schools (Greater Sydney) Ltd

(AG2022/5275)

SEVENTH-DAY ADVENTIST SCHOOLS (GREATER SYDNEY) LTD TEACHER’S ENTERPRISE AGREEMENT 2023-2025

Educational services
COMMISSIONER P RYAN	SYDNEY, 30 JANUARY 2023

Application for approval of the Seventh-day Adventist Schools (Greater Sydney) Ltd Teacher’s Enterprise Agreement 2023-2025

Seventh-day Adventist Schools (Greater Sydney) Ltd (Employer) has made an application for approval of an enterprise agreement known as the Seventh-day Adventist Schools (Greater Sydney) Ltd Teacher’s Enterprise Agreement 2023-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

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.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

The Independent Education Union of Australia (IEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 February 2023. The nominal expiry date of the Agreement is 30 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Seventh-Day Adventist Schools (Greater Sydney) Ltd for the approval of the Teacher’s Enterprise Agreement 2023-2025. The agreement was negotiated between the employer and the relevant union, and the application was brought forward to seek formal endorsement from the Commission. The dispute centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The central legal issues the Commission needed to address included whether the agreement met the minimum requirements for enterprise agreements, such as compliance with the Fair Work Act, and whether it provided for minimum pay rates and conditions of employment as stipulated by the relevant industrial instruments. Additionally, the Commission had to assess whether the agreement facilitated workplace flexibility, productivity, and efficiency while maintaining a balance between the interests of the employees and the employer.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements. It detailed provisions for minimum pay rates, leave entitlements, and other employment conditions that aligned with the relevant industrial instruments. The Commission also noted the agreement’s provisions aimed at enhancing workplace flexibility and productivity, which were deemed beneficial for both parties. Given the compliance and the balance achieved between the interests of the employer and employees, the Commission approved the Teacher’s Enterprise Agreement 2023-2025.

As a result of this decision, Seventh-Day Adventist Schools (Greater Sydney) Ltd obtained the approval it sought for the Teacher’s Enterprise Agreement 2023-2025. The agreement was endorsed and would now serve as the basis for the employment conditions of teachers within the organisation for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established