DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Christian Education Association Inc
(AG2018/1163)

SWAN CHRISTIAN EDUCATION ASSOCIATION INC OPERATIONAL STAFF ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 3 JULY 2018

Application for approval of the Swan Christian Education Association Inc Operational Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Swan Christian Education Association Inc Operational Staff Enterprise Agreement 2018 (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 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.

[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 10 July 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Swan Christian Education Association Inc applied for approval of the Swan Christian Education Association Inc Operational Staff Enterprise Agreement 2018. The Association is an employer in the Christian education sector, and the application was brought by the Association, with the Australian Education Union as the employee representative. The dispute centred on the terms and conditions of employment for the Association's operational staff, as set out in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum rates of pay, minimum leave entitlements, and other conditions that met or exceeded the relevant national minimum standards. Additionally, the Commission considered whether the agreement contained any terms that were contrary to the public interest or that would have an adverse effect on the operations of the Association.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement against the statutory requirements. The Commission found that the agreement provided for minimum rates of pay and leave entitlements that met or exceeded the national minimum standards. The Commission also considered the potential impact of the agreement on the operations of the Association and concluded that the agreement did not contain any terms that would be contrary to the public interest or have an adverse effect on the Association's operations. Accordingly, the Commission approved the proposed enterprise agreement.

The Commission's final order was that the Swan Christian Education Association Inc Operational Staff Enterprise Agreement 2018 be approved as a registered agreement under section 183 of the Fair Work Act 2009. The agreement is now binding on the Association and its operational staff, and it will remain in effect until it is varied or replaced by a new 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