DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Christian Education Association Inc
(AG2020/3540)

SWAN CHRISTIAN EDUCATION ASSOCIATION INC SUPPORT STAFF ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Swan Christian Education Association Inc Support Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Swan Christian Education Association Inc Support Staff Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Swan Christian Education Association Inc (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] 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.

[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 12 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swan Christian Education Association Inc sought approval of an enterprise agreement from the Fair Work Commission. The agreement concerned the employment terms of support staff within the organisation. The Commission was tasked with determining whether the agreement was in the best interests of the employees and met the necessary requirements under the Fair Work Act 2009. The primary issues revolved around whether the agreement provided fair and reasonable terms, if it included adequate protections for employees, and if it complied with the statutory provisions. The Commission considered the balance of rights and obligations, the negotiation process, and the overall fairness of the agreement.

The Fair Work Commission evaluated the agreement's provisions and the negotiation process. It assessed whether the terms were fair and reasonable, taking into account the principles of enterprise bargaining and the need to provide a safety net for employees. The Commission also examined if the agreement included adequate protections, such as minimum wage rates, leave entitlements, and dispute resolution mechanisms. Additionally, it considered whether the agreement complied with statutory requirements, such as the inclusion of prescribed pay and conditions. The Commission concluded that the agreement met the necessary criteria and was in the best interests of the employees.

After thorough deliberation, the Fair Work Commission determined that the Swan Christian Education Association Inc Support Staff Enterprise Agreement 2020 was fair and reasonable. The Commission found that the agreement provided adequate protections for the employees and complied with the statutory requirements. The negotiation process was deemed to be fair and reasonable, and the terms of the agreement were considered to be balanced. The Commission approved the agreement, and it became legally binding on the parties involved. This decision ensured that the employees would benefit from the agreed-upon terms and that the organisation could operate under a certified enterprise agreement.

Swan Christian Education Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established