DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Schools (South New South Wales) Limited
(AG2019/4674)

SEVENTH-DAY ADVENTIST SCHOOLS (SOUTH NEW SOUTH WALES) LTD ENTERPRISE AGREEMENT 2019-2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JANUARY 2020

Application for approval of the Seventh Day Adventist Schools (South New South Wales) Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Seventh Day Adventist Schools (South New South Wales) Ltd Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[8] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 23 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Seventh-day Adventist Schools (South New South Wales) Limited, and the relevant unions representing teachers. The dispute centred on the approval of the Enterprise Agreement 2019-2022 under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia. The unions contested the agreement's terms and conditions, arguing that certain provisions did not meet the statutory requirements for approval under the Act.

The legal issues the court needed to address included whether the agreement complied with the procedural and substantive requirements for approval, particularly concerning the fairness and equity of the terms. The unions argued that several provisions were unfair and did not adequately protect the rights and interests of the teachers. The court had to assess whether the agreement met the criteria for direct approval and if it was in the best interest of the employees.

The court examined the provisions in question and considered whether they complied with the Fair Work Act. It determined that the agreement did not contain any unfair provisions and that the process followed to reach the agreement was fair and reasonable. The court held that the agreement met the criteria for direct approval under the Act and that it was in the best interest of the employees. Consequently, the court approved the Enterprise Agreement 2019-2022.

No further orders were made, as the court found in favour of Seventh-day Adventist Schools (South New South Wales) Limited and dismissed the unions' application for disapproval.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established