Swan Christian Education Association Inc

Case

[2016] FWCA 704

3 February 2016

No judgment structure available for this case.

[2016] FWCA 704

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Swan Christian Education Association Inc
(AG2015/6293)

SWAN CHRISTIAN EDUCATION ASSOCIATION INC. TEACHERS’

ENTERPRISE AGREEMENT 2016

Educational services

COMMISSIONER GREGORY MELBOURNE, 3 FEBRUARY 2016

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

Enterprise Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Swan Christian Education Association Inc. Teachers' Enterprise Agreement 2016 (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]        Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5]        The Independent Education Union of Australia raised issues in the F18 about whether

terms in the Agreement were discriminatory. I have considered the objections raised by the

Independent Education Union of Australia and do not consider the terms of the Agreement to

be discriminatory. I raised my views with the Independent Education Union of Australia and

they did not wish to press the objections raised.

[6]        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.
[2016] FWCA 704

[7]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

10 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417672 PR576676>

[2016] FWCA 704

Annexure A

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