DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seventh-day Adventist Schools (Victoria) Limited
(AG2018/7016)

SEVENTH-DAY ADVENTIST SCHOOLS (VICTORIA) LIMITED ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2019 (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 31 January 2019. The nominal expiry date of the Agreement is 23 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Seventh-day Adventist Schools (Victoria) Limited, sought approval of their Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose between the applicants, who represented the employers, and the respondents, who represented the employees. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, penalty rates, and leave entitlements. The Commission also had to consider whether the agreement was free from coercion and undue influence and whether it facilitated the efficient operation of the workplace.

The Commission found that the agreement met the criteria set out in the Fair Work Act. The terms and conditions were deemed fair and reasonable, and the agreement was free from coercion and undue influence. The Commission concluded that the agreement facilitated the efficient operation of the workplace and was in the best interests of the employees and employers. Consequently, the application for approval was successful.

The Fair Work Commission approved the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2019. The agreement was registered, and the terms and conditions outlined in the agreement became legally binding on the parties.

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