DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Schools (Greater Sydney) Ltd
(AG2019/967)

NON-TEACHING STAFF SEVENTH-DAY ADVENTIST SCHOOLS (GREATER SYDNEY) LIMITED ENTERPRISE AGREEMENT 2019 - 2022

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2019

Application for approval of the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2019 - 2022

[1] Seventh-day Adventist Schools (Greater Sydney) Ltd has made an application for approval of an enterprise agreement known as the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2019 - 202 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 20 May 2019 and, in accordance with s 54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 15 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Seventh-day Adventist Schools (Greater Sydney) Limited sought approval of a proposed Non-Teaching Staff Enterprise Agreement for the years 2019 to 2022. The application was heard by the Fair Work Commission. The primary dispute centred on the terms and conditions of employment for non-teaching staff at the school, including wages, hours of work, leave entitlements, and other employment-related matters. The school argued that the proposed agreement was fair and reasonable, while opponents contended that certain provisions were unjust and not representative of the employees' interests.

The Commission was required to determine whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against various provisions of the Act, including the requirement that it be free from coercive conduct, provide for a genuine enterprise agreement, and ensure that the terms and conditions of employment were fair and reasonable. The Commission also had to consider whether the agreement complied with the National Employment Standards and the applicable minimum entitlements set out in the relevant awards.

In reaching its decision, the Fair Work Commission examined the submissions from both parties, including evidence provided by the school and the views of the non-teaching staff. The Commission found that the proposed agreement was free from coercive conduct, provided for a genuine enterprise agreement, and contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement complied with the National Employment Standards and the relevant awards. Consequently, the Commission approved the proposed Non-Teaching Staff Enterprise Agreement for the years 2019 to 2022, subject to certain conditions and modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the Non-Teaching Staff Enterprise Agreement, with specific modifications to ensure compliance with the Fair Work Act 2009, the National Employment Standards, and the relevant awards. The agreement was to be registered with the Fair Work Commission and would be effective from the date of the decision. The school and the non-teaching staff were required to comply with the terms of the approved agreement, and any disputes arising from the agreement would be governed by the Fair Work Act.

Seventh-day Adventist Schools (Greater Sydney) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established