| [2024] FWCA 4287 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Seventh-Day Adventist Schools (Victoria) Limited T/A Adventist Schools Victoria
(AG2024/3822)
SEVENTH-DAY ADVENTIST SCHOOLS (VICTORIA) LIMITED ENTERPRISE AGREEMENT 2024
| Educational services | |
| COMMISSIONER ALLISON | MELBOURNE, 5 DECEMBER 2024 |
Application for approval of the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2024
Seventh-day Adventist Schools (Victoria) Limited T/A Adventist Schools Victoria (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2024 (the Agreement).
The Independent Education Union of Australia (IEU) 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.
There were several issues with rates of pay being equal to or below the rates of pay in clause 18.4 of the Educational Services (Teachers) Award 2020, for casual teachers employed at Levels 9-11 under the Agreement. This raised concerns about whether casual teachers employed at Levels 9-11 under the Agreement could be considered better off overall. The Employer has provided undertakings to resolve these issues.
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. The undertakings are taken to be a term of the agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2024. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE527052 PR782012>
Annexure A
- AGLC
- Seventh-Day Adventist Schools (Victoria) Limited T/A Adventist Schools Victoria [2024] FWCA 4287
- Case
- [2024] FWCA 4287
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the court were whether the proposed enterprise agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees, provided fair terms and conditions, and complied with relevant legislative requirements.
In considering these issues, the court examined the content of the proposed agreement, including its provisions on wages, hours of work, and other employment conditions. The court also took into account submissions from the parties, which included arguments regarding the fairness and practicality of the agreement. After thorough consideration, the court determined that the agreement met the necessary criteria for approval. The agreement was found to be in the best interests of the employees, provided fair terms and conditions, and complied with all relevant legal requirements.
The Fair Work Commission approved the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2024. This decision was based on the court's assessment that the agreement met the statutory requirements for approval under the Fair Work Act 2009.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.