DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh Day Adventist Schools (Greater Sydney) Ltd
(AG2017/6258)

SEVENTH-DAY ADVENTIST SCHOOLS (GREATER SYDNEY) LTD TEACHER’S ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2018

Application for approval of the Seventh-day Adventist Schools (Greater Sydney) Ltd Teacher’s Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (Greater Sydney) Ltd Teacher’s Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seventh Day Adventist Schools (Greater Sydney) Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2018. The nominal expiry date of the Agreement is 10 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Seventh Day Adventist Schools (Greater Sydney) Ltd and the relevant union. The dispute centred around the approval of the Seventh-day Adventist Schools (Greater Sydney) Ltd Teacher’s Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, which has the jurisdiction to approve or reject enterprise agreements.

The legal issues that the court needed to address included whether the agreement was fairly and appropriately negotiated, if it provided for the proper classification of employees, and whether it met the necessary requirements for approval under the Fair Work Act 2009. The court also needed to consider whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement was fairly and appropriately negotiated, and that it met the necessary requirements for approval. The agreement was deemed to be in the best interests of the employees and provided for their proper classification. The court also determined that the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

As a result of the court’s decision, the Seventh-day Adventist Schools (Greater Sydney) Ltd Teacher’s Enterprise Agreement 2018-2021 was approved and registered with the Fair Work Commission. This decision provided legal certainty to both the employer and employees, ensuring that the agreement would govern their employment relationship for the specified period.

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