Swan Christian Education Association Inc Summary

[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

[2016] FWCA 704

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Swan Christian Education Association Inc. Teachers’ Enterprise Agreement 2016, submitted to the Fair Work Commission under section 185 of the Fair Work Act 2009. The applicant, Swan Christian Education Association Inc., sought to have the Agreement, which covers teachers employed by the organisation, approved and implemented as a binding enterprise agreement. The Independent Education Union of Australia, a bargaining representative for the agreement, raised objections to certain terms of the agreement, alleging potential discriminatory practices.

The primary legal issues before the Commission were whether the Agreement met the necessary requirements for approval under the Fair Work Act 2009, and if the terms of the Agreement were discriminatory. The Commission had to determine if the Agreement was made in good faith, if it contained the prescribed minimum terms, and if the agreement's provisions did not include anything that would be considered discriminatory. The Independent Education Union of Australia had also notified the Commission that it wished for the Agreement to cover its members.

After reviewing the application and the objections raised by the Independent Education Union of Australia, the Commissioner found that the Agreement met all the relevant requirements under sections 186, 187, 188, and 190 of the Fair Work Act 2009. The Commissioner was satisfied that the undertakings provided by the applicant would not cause financial detriment to any employee or result in substantial changes to the Agreement. Additionally, the Commissioner concluded that the terms of the Agreement were not discriminatory, as the Union did not wish to press its objections. Consequently, the Agreement was approved to operate from 10 February 2016, with a nominal expiry date of 31 December 2017.

Swan Christian Education Association Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established