DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Seventh Day Adventist Schools (Greater Sydney) Ltd
(AG2015/5728)

SEVENTH-DAY ADVENTIST SCHOOLS (GREATER SYDNEY) LTD TEACHERS ENTERPRISE AGREEMENT 2015-2017

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 17 NOVEMBER 2015

Application for approval of the Seventh-day Adventist Schools (Greater Sydney) Ltd Teachers Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (Greater Sydney) Ltd Teachers Enterprise Agreement 2015-2017 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 15 January 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved Seventh Day Adventist Schools (Greater Sydney) Ltd, which applied for the approval of the Seventh-day Adventist Schools (Greater Sydney) Ltd Teachers Enterprise Agreement 2015-2017. The nature of the dispute centred on whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The application was heard and determined in the Australian Capital Territory.

The legal issues before the court included whether the agreement met the requirements for a teachers' enterprise agreement under section 229 of the Fair Work Act, and whether it complied with the good faith bargaining provisions under section 186. Additionally, the court had to consider whether the terms of the agreement were in accordance with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the bargaining power of the parties involved.

The Full Bench found that the application did not meet the requirements of the Fair Work Act as the agreement did not include certain minimum terms and conditions mandated by the Act. The court held that the agreement failed to address several essential aspects, including pay equity and the classification of employees. The Full Bench concluded that the application for approval of the enterprise agreement was not in the public interest and did not meet the criteria for approval. Consequently, the application was dismissed.

The Full Bench of the Fair Work Commission dismissed the application for approval of the Seventh-day Adventist Schools (Greater Sydney) Ltd Teachers Enterprise Agreement 2015-2017, finding it did not comply with the requirements of the Fair Work Act 2009. The decision was based on the agreement's failure to include necessary minimum terms and conditions and its non-compliance with the good faith bargaining provisions.

Seventh Day Adventist Schools (Greater Sydney) Ltd

DECISION

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Background to the litigation

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Legal Principle Established