Sunrise Christian School Incorporated T/A Sunrise Christian School

[2016] FWCA 1244

[2016] FWCA 1244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunrise Christian School Incorporated T/A Sunrise Christian School
(AG2015/7689)

SUNRISE CHRISTIAN SCHOOL ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 25 FEBRUARY 2016

Application for approval of the Sunrise Christian School Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sunrise Christian School Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunrise Christian School Incorporated T/A Sunrise Christian School. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The IEU raised objections to the approval of the Agreement. The IEU was a bargaining representative for the Agreement. The IEU argued that there had not been genuine agreement due to defects in the process of bargaining, selection of bargaining representatives and the provision of information to employees. They also argued that the requirements of Section 180(5) had not been met and pointed to defects in the explanatory information provided to employees. I considered these matters and held a hearing to enable the IEU and the employer to put forward their submissions and evidence. For the reasons outlined on transcript I was satisfied that the requirements of Section 180(5) and Section 188 in respect to genuine agreement had been met.

[5] 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.

[6] The Agreement was approved on 25 February 2016 and, in accordance with s.54, will operate from 3 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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ANNEXURE A