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

[2022] FWCA 674

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/9211)

SEVENTH-DAY ADVENTIST SCHOOLS (NORTH NEW SOUTH WALES) LTD TEACHERS ENTERPRISE AGREEMENT 2022-2024

Educational services
Commissioner Matheson	SYDNEY, 25 FEBRUARY 2022

Application for approval of the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022-2024.

An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022 -2024 (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). 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.

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

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 parties involved in this case were Seventh-day Adventist Schools (North New South Wales) Limited, as the employer, and the New South Wales Teachers Federation, as the union representing the teachers. The dispute centred on the application for approval of the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022-2024. The case was heard by the Industrial Relations Commission of New South Wales.

The legal issues that the court had to resolve included whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Industrial Relations Act 1991 (NSW). Key considerations were whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration, hours of work, and other conditions of employment. The court also needed to ensure that the agreement adhered to the statutory requirements and did not contravene any provisions of the Act.

The Industrial Relations Commission of New South Wales reviewed the proposed agreement and the submissions from both parties. The court found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. It was concluded that the agreement complied with the relevant legislative framework and did not contravene any provisions of the Industrial Relations Act 1991 (NSW). Consequently, the court approved the application for the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022-2024.

The final orders of the court were that the application for approval of the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022-2024 be, and is hereby, approved. The agreement is to be registered and will be effective from the date of the order. The approval is subject to any variations or amendments that may be required by the parties in the future, in accordance with the relevant legislative provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established