Swan Christian Education Association Inc Summary

[2023] FWCA 1380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Swan Christian Education Association Inc

(AG2023/1087)

SWAN CHRISTIAN EDUCATION ASSOCIATION INC SUPPORT STAFF ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER LEE	MELBOURNE, 12 MAY 2023

Application for approval of the Swan Christian Education Association Inc Support Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Swan Christian Education Association Inc Support Staff Enterprise Agreement 2023 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 9.8(d) – Annual Leave
·   Clause 15.9(f) – Parental Leave
·   Clause 15.9(l) – Parental Leave

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Swan Christian Education Association Inc applied to the Fair Work Commission for approval of the Swan Christian Education Association Inc Support Staff Enterprise Agreement 2023. The Association argued that the agreement provided for fair and reasonable terms and conditions for its support staff. The application was contested by a number of unions who argued that the agreement did not provide for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and whether the agreement was in the interests of the employees. The Commission considered the arguments of the parties and the evidence presented. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and that the agreement was in the interests of the employees. The Commission approved the agreement.

The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission considered the evidence presented by the parties and found that the agreement provided for terms and conditions that were no less favourable than the applicable awards or the relevant minimum entitlements under the Fair Work Act. The Commission also found that the agreement provided for reasonable flexibility and that the employees had been adequately consulted during the bargaining process. The Commission found that the agreement was in the interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement and made an order for its registration.

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