Swan Christian Education Association Inc
[2016] FWCA 704
•3 February 2016
[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
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[2016] FWCA 704
Annexure A
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