Seventh-day Adventist Schools (South Queensland) Ltd T/A Brisbane Adventist College; Darling Downs Adventist College; Hope Adventist College; Gold Coast Christian College; Ipswich Adventist School; Noosa Christian...

[2024] FWCA 1398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Seventh-day Adventist Schools (South Queensland) Ltd T/A Brisbane Adventist College; Darling Downs Adventist College; Hope Adventist College; Gold Coast Christian College; Ipswich Adventist School; Noosa Christian College; Northpine Christian College

(AG2024/978)

SEVENTH-DAY ADVENTIST SCHOOLS (SOUTH QUEENSLAND) LIMITED TEACHERS ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 18 APRIL 2024

Application for approval of the Seventh-day Adventist Schools (South Queensland) Limited Teachers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (South Queensland) Limited Teachers Enterprise Agreement 2024 (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 (South Queensland) Ltd T/A Brisbane Adventist College; Darling Downs Adventist College; Hope Adventist College; Gold Coast Christian College; Ipswich Adventist School; Noosa Christian College; Northpine Christian College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia Queensland and Northern Territory Branch (IEUA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, a group of educational institutions associated with the Seventh-day Adventist Church, sought approval for the Seventh-day Adventist Schools (South Queensland) Limited Teachers Enterprise Agreement 2024. The application was before the Fair Work Commission, which must decide whether the agreement meets the criteria set out in the Fair Work Act 2009. The applicants argued that the proposed agreement was necessary to address the current employment conditions of teachers, ensuring fair and equitable terms that reflect the unique circumstances of their institutions.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of ensuring that the agreement provides for fair and reasonable terms and conditions of employment. The Commission had to consider the nature of the employment relationship, the specific needs of the educational institutions, and the balance between the rights of the teachers and the operational requirements of the schools. The Commission also had to ensure that the agreement did not unfairly disadvantage any party and complied with relevant industrial laws.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement, considering the arguments presented by both the applicants and the respondents. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the unique characteristics of the educational institutions involved. The Commission found that the agreement addressed the specific needs of the teachers and the schools, ensuring a balanced approach that met the requirements of the Fair Work Act. Consequently, the Commission approved the proposed agreement, recognising its compliance with the relevant industrial laws and its potential to promote fair and equitable employment practices.

The Fair Work Commission granted approval for the Seventh-day Adventist Schools (South Queensland) Limited Teachers Enterprise Agreement 2024, recognising its compliance with the Fair Work Act and its potential to address the specific needs of the educational institutions and their teachers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established