DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Schools (North New South Wales) Ltd.
(AG2017/6473)

SCHOOL ADMINISTRATIVE SUPPORT STAFF SEVENTH-DAY ADVENTIST SCHOOLS (NORTH NEW SOUTH WALES) LIMITED ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER JOHNS	MELBOURNE, 21 JUNE 2018

Application for approval of the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2018-2021.

[1] 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 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 (North New South Wales) Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Seventh-day Adventist Schools (North New South Wales) Limited, sought approval of an enterprise agreement concerning their support staff for the period 2018-2021. The application was heard by the Fair Work Commission, which must determine whether the proposed agreement complies with the Fair Work Act 2009. The primary dispute centred on the provisions related to employment conditions, including wages, hours of work, and other terms and conditions of employment.

The court was required to decide if the proposed agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. Key issues included whether the agreement provided fair and reasonable terms and conditions, and if it complied with the process outlined in the Fair Work Act for the approval of enterprise agreements. The court also had to consider whether the agreement was certified by an independent certifier and if it adhered to the no disadvantage test, ensuring that employees would not be worse off if the agreement was approved.

In its reasoning, the court assessed the provisions of the agreement against the statutory requirements. The court found that the agreement was comprehensive and provided fair and reasonable terms for the employees. The court noted that the agreement had been certified by an independent certifier and satisfied the no disadvantage test. The court concluded that the agreement was in the best interests of the employees and approved the application.

The Fair Work Commission approved the School Administrative Support Staff Seventh-day Adventist Schools (North New South Wales) Limited Enterprise Agreement 2018-2021. The decision was based on the finding that the agreement provided fair and reasonable terms, was certified by an independent certifier, and met the requirements of the Fair Work Act. The court's approval allows the agreement to be implemented, providing a stable and fair framework for the employment of administrative support staff at the schools.

Seventh-day Adventist Schools (North New South Wales) Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established