DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Christian Education Association Inc.
(AG2020/3536)

SWAN CHRISTIAN EDUCATION ASSOCIATION INC. TEACHERS’ ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JANUARY 2021

Application for approval of the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swan Christian Education Association Inc. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union 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 is approved and, in accordance with s.54 of the Act, will operate from 18 January 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

The Swan Christian Education Association Inc. sought approval of the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2020 from the Fair Work Commission. The application was made under the Fair Work Act 2009, which allows the Commission to approve enterprise agreements that meet certain criteria, including that they provide for fair and reasonable terms and conditions of employment. The application was opposed by the Christian Education Ministries (CEM), an employer organisation that had previously been involved in negotiations with the Association.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The CEM argued that the agreement did not meet these requirements, as it included provisions that were inconsistent with the Act, such as provisions that allowed for the payment of lower rates of pay to new employees and provisions that restricted the ability of employees to access certain benefits. The Association argued that the agreement was fair and reasonable, as it provided for appropriate levels of pay and conditions for teachers in the Christian education sector.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement included provisions that ensured that employees received appropriate rates of pay and access to benefits, and that it provided for appropriate mechanisms for resolving disputes. The Commission also noted that the agreement had been negotiated in good faith and that it reflected the needs and circumstances of the parties involved. As a result, the Commission approved the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2020.

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