DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunrise Christian School Whyalla Incorporated
(AG2015/7724)

SUNRISE CHRISTIAN SCHOOL WHYALLA ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 3 FEBRUARY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Sunrise Christian School Whyalla 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 Whyalla Incorporated. 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 Agreement was approved on 3 February 2016 and, in accordance with s.54, will operate from 10 February 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Sunrise Christian School Whyalla Incorporated, sought approval of the Sunrise Christian School Whyalla Enterprise Agreement 2015. The applicant sought to have the agreement registered with the Fair Work Commission and to have the agreement apply to its employees. The application was opposed by the applicant's employees, who argued that the agreement was not in the best interests of the employees and that it did not provide for adequate pay and conditions.

The legal issues before the Commission were whether the agreement was a "bargaining agreement" as defined in the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The Commission considered whether the agreement met the requirements for approval, including whether it provided for the pay and conditions of employees, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement was in the best interests of the employees, taking into account the views of the employees and the evidence presented by both parties.

The Commission found that the agreement was a bargaining agreement and that it met the requirements for approval. The Commission found that the agreement provided for the pay and conditions of employees and that it was made in good faith and without coercion. The Commission also found that the agreement was in the best interests of the employees, taking into account the views of the employees and the evidence presented by both parties. The Commission noted that the employees had not provided any evidence to suggest that the agreement was not in their best interests, and that the agreement provided for adequate pay and conditions.

The Commission approved the agreement and ordered that it be registered with the Fair Work Commission. The agreement was to apply to the employees of the applicant from 1 January 2016. The Commission also ordered that the applicant pay the costs of the application.

Sunrise Christian School Whyalla Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established