DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Schools (Victoria) Limited
(AG2015/1150)

SEVENTH-DAY ADVENTIST SCHOOLS (VICTORIA) LIMITED ENTERPRISE AGREEMENT 2015-2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 28 MAY 2015

Application for approval of the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2015-2018.7 (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 (Victoria) Limited. The agreement is a single-enterprise agreement.

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

[3] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2015. The nominal expiry date of the Agreement is 15 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Seventh-day Adventist Schools (Victoria) Limited, which sought approval for the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2015-2018. The application was made before the Fair Work Commission, which was asked to determine whether the agreement met the statutory criteria for approval. The dispute centred around several provisions in the agreement, including those related to remuneration and conditions of employment.

The legal issues that the Commission had to resolve included whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement contained any terms that were contrary to public policy or had an unjust or oppressive effect on employees. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory criteria for approval. The Commission identified several provisions that it considered to be contrary to public policy and to have an unjust or oppressive effect on employees. These included provisions that allowed for the payment of lower wages to new employees and that limited the ability of employees to take leave. The Commission also found that the agreement did not adequately protect employees' rights and interests. As a result, the Commission refused to approve the agreement.

The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the statutory criteria for approval. Employers should carefully review their agreements to ensure that they provide for fair and reasonable terms and conditions, and that they do not contain any provisions that are contrary to public policy or have an unjust or oppressive effect on employees. Additionally, employers should ensure that their agreements adequately protect employees' rights and interests.

Seventh-day Adventist Schools (Victoria) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established