Seventh-day Adventust Schools (Greater Sydney) Ltd Summary

[2016] FWCA 1976

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-day Adventist Schools (Greater Sydney) Ltd

(AG2016/2371)

ANCILLARY STAFF SEVENTH-DAY ADVENTIST SCHOOLS

(GREATER SYDNEY) LTD ENTERPRISE AGREEMENT 2016-2018

Educational services

COMMISSIONER GREGORY

MELBOURNE, 30 MARCH 2016

Application for approval of the Ancillary Staff Seventh-day Adventist Schools (Greater

Sydney) Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the

Ancillary Staff Seventh-day Adventist Schools (Greater Sydney) Ltd Enterprise Agreement

2016-2018 (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 (Greater Sydney) Ltd.

The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] 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.
[2016] FWCA 1976

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

6 April 2016. The nominal expiry date of the Agreement is 16 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1976

ANNEXURE A

[2016] FWCA 1976

CaseChat Overview and Summary

Seventh-day Adventist Schools (Greater Sydney) Ltd, an entity operating educational services in Sydney, applied for approval of an enterprise agreement for its ancillary staff under section 185 of the Fair Work Act 2009. The application was brought before Commissioner Gregory at the Fair Work Commission. The applicant provided written undertakings to ensure that no employee would suffer financial detriment and that there would be no substantial changes to the agreement. The applicant sought approval of the Ancillary Staff Seventh-day Adventist Schools (Greater Sydney) Ltd Enterprise Agreement 2016-2018.

The legal issues before the court involved verifying that the agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act, which relate to the approval process for enterprise agreements. Specifically, the court needed to ensure that the agreement was not detrimental to employees and that it complied with the procedural requirements for approval.

The court found that the agreement met all the necessary requirements under the Fair Work Act. The undertakings provided by the applicant were satisfactory, ensuring that no employee would suffer financial detriment and that no substantial changes would be made to the agreement. Consequently, the court approved the agreement, which would operate from 6 April 2016 until 16 December 2018. The nominal expiry date of the agreement was set for 16 December 2018.

Seventh-day Adventust Schools (Greater Sydney) Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established