DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

The Anglican Schools Commission for The Corporation of the Synod of the Diocese of Brisbane
(AG2018/2986)

THE QUEENSLAND ANGLICAN SCHOOLS ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of The Queensland Anglican Schools Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Anglican Schools 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 The Anglican Schools Commission for The Corporation of the Synod of the Diocese of Brisbane. The Agreement is a multi-enterprise agreement.

[2] 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.

[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 and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Anglican Schools Commission for The Corporation of the Synod of the Diocese of Brisbane sought approval of the Queensland Anglican Schools Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The primary legal issue the Court had to address was whether the agreement met the requirements under the Fair Work Act 2009, particularly whether it was a "single, integrated, and coherent agreement" as required by section 235(1)(a) of the Act. This involved assessing if the agreement provided fair and reasonable terms and conditions for employees of the Anglican schools in Queensland.

The Commission examined the provisions of the agreement and considered submissions from both the applicant and the respondent. It focused on whether the agreement complied with the procedural and substantive requirements set out in the Act. The Commission found that the agreement was comprehensive and covered all necessary aspects of employment terms and conditions. It satisfied the criteria for being a single, integrated, and coherent agreement, as it was clear, unambiguous, and provided fair and reasonable terms for the employees. Consequently, the Commission approved the agreement, determining that it met all statutory requirements.

The approval of the Queensland Anglican Schools Enterprise Agreement 2018 was granted by the Commission. The agreement was found to be compliant with the Fair Work Act 2009, providing fair and reasonable terms for the employees of the Anglican schools in Queensland. The decision was based on the comprehensive nature of the agreement and its alignment with the statutory requirements.

The Anglican Schools Commission for The Corporation of the Synod of the Diocese of Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established