DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Christian Education Association Inc
(AG2018/1165)

SWAN CHRISTIAN EDUCATION ASSOCIATION INC. TEACHERS’ ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 3 JULY 2018

Application for approval of the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Swan Christian Education Association Inc. Teachers’ 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

The Swan Christian Education Association Inc. recently appeared before the Fair Work Commission to seek approval for the Teachers’ Enterprise Agreement 2018. This agreement pertains to the terms and conditions of employment for teachers employed by the Association in Western Australia. The Association argued that the proposed agreement was fair and reasonable, meeting the statutory criteria outlined in the Fair Work Act 2009. The decision was made by Commissioner J C Price, who had to determine whether the agreement complied with the requirements for registration under the Act.

The key legal issues before the Commission were whether the agreement contained the necessary provisions to ensure that it was procedurally and substantively fair. This included assessing whether the agreement provided for adequate consultation and negotiation, and whether it included terms and conditions that were fair and reasonable in all respects. The Commission also had to consider whether the agreement met the public interest test, ensuring it did not have an adverse effect on the broader economy or employment conditions generally.

Commissioner Price examined the negotiation process, finding that the Association and the teachers' union had engaged in genuine and meaningful negotiations. The Commissioner also considered the terms of the agreement, including wages, working conditions, and other employment-related matters. The Commissioner concluded that the agreement was procedurally fair as it was the product of genuine negotiations and was substantively fair as it provided reasonable terms and conditions for the employees. Furthermore, the Commissioner found that the agreement met the public interest test, as it did not have an adverse effect on the broader economy or employment conditions.

In light of these findings, the Commissioner approved the application for registration of the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2018. The decision highlights the importance of genuine negotiation and the need for agreements to be fair and reasonable, while also considering the broader public interest. This decision provides guidance for similar agreements in the future and reinforces the importance of adhering to the statutory criteria set out in the Fair Work Act 2009.

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