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

[2022] FWCA 484

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/9207)

school administrative support staff seventh-day adventist schools (north new south wales) limited enterprise agreement 2022-2024

Educational services
Commissioner Matheson	SYDNEY, 11 FEBRUARY 2022

Application for approval of the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2022-2024.

An application has been made for approval of an enterprise agreement known as the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited 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 Applicant, who is the employer covered by the Agreement, 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.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 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

Seventh-day Adventist Schools (North New South Wales) Limited sought approval of an enterprise agreement for its administrative support staff. The matter was brought before the Fair Work Commission. The primary dispute was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement adequately provided for the minimum entitlements of the employees, as required by the Fair Work Act. This included ensuring that the agreement did not disadvantage employees compared to the relevant award and that it adhered to the criteria for an enterprise agreement, including the 'better-off overall test'.

The Commission assessed the agreement against these criteria, finding that it provided for minimum pay rates, allowances, and conditions that did not disadvantage employees compared to the relevant award. Additionally, it was concluded that the agreement met the 'better-off overall test' as employees would be better off with the proposed agreement compared to the applicable award. Therefore, the Commission approved the agreement.

The final order was that the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2022-2024 be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established