Seventh-day Adventist Schools (North New South Wales) Limited

[2022] FWCA 698

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-day Adventist Schools (North New South Wales) Limited

(AG2022/9213)

support and operational staff enterprise agreement 2021-2014, seventh-day adventisT schools (NNSW) Limited

Educational services
Commissioner Matheson	SYDNEY, 25 FEBRUARY 2022

Application for approval of the Support and Operational Staff Enterprise Agreement, 2021-2024, Seventh-day Adventist Schools (NNSW) Limited.

An application has been made for approval of an enterprise agreement known as the Support and Operational Staff Enterprise Agreement 2021-2024, Seventh-day Adventist Schools (NNSW) Limited (Agreement). The application was made by Seventh-day Adventist Schools (North New South Wales) Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought and no objections were raised in relation to the Undertakings. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Seventh-day Adventist Schools (North New South Wales) Limited, who sought approval for a new Enterprise Agreement for their support and operational staff, covering the period 2021-2024. The application was brought before the Commission to ensure the agreement met the necessary legal standards and provisions under the Fair Work Act 2009. The Commission had to determine whether the proposed agreement complied with the relevant legislative requirements and whether it was fair and reasonable in all respects.

The primary legal issues before the Commission were whether the proposed agreement adhered to the procedural and substantive fairness requirements outlined in the Fair Work Act. This involved assessing whether the agreement was negotiated in good faith, whether it included all necessary terms and conditions, and whether it provided adequate protections for employees. Additionally, the Commission had to consider whether the agreement's provisions were consistent with the objectives of the Act, which include promoting higher wages and better working conditions.

The Commission found that the agreement was negotiated in good faith and contained all necessary terms and conditions as required by the Fair Work Act. It was noted that the agreement provided for fair and reasonable terms and conditions, including adequate wage increases, leave provisions, and other benefits. The Commission concluded that the agreement was consistent with the objectives of the Act and was fair and reasonable in all respects. Consequently, the Commission approved the proposed Enterprise Agreement, ensuring that it would come into effect as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established