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

[2013] FWCA 1336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Anglican Schools Commission for the Corporation of the Synod of the Diocese of Brisbane
(AG2012/14447)

THE QUEENSLAND ANGLICAN SCHOOLS ENTERPRISE AGREEMENT 2013

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 MARCH 2013

Application for the approval of The Queensland Anglican Schools Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Queensland Anglican Schools Enterprise Agreement 2013 (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] Each of the employers has filed an individual Employer’s Declaration in Support of the Application and signed a written undertaking. A copy of the undertaking given is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Australian Nursing Federation, Independent Education Union of Australia and Queensland Nurses’ Union of Employees, 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2013. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The Anglican Schools Commission for the Corporation of the Synod of the Diocese of Brisbane sought approval for the Queensland Anglican Schools Enterprise Agreement 2013. The application was made to the Fair Work Commission (FWC), which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved various provisions of the proposed agreement, including the classification of roles and responsibilities, remuneration, and conditions of employment for teachers and other staff within Anglican schools.

The primary legal issues before the FWC were whether the proposed agreement provided for fair and reasonable terms and conditions, and if it was appropriately certified as a “single interest employer agreement” under the Fair Work Act. The FWC had to consider whether the agreement met the criteria for approval, including whether it complied with the provisions of the Act and was made in good faith. The Commission also needed to determine whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In its decision, the FWC considered the evidence and arguments presented by the parties, including submissions from the Anglican Schools Commission, teachers' representatives, and other stakeholders. The Commission found that the proposed agreement contained terms and conditions that were fair and reasonable, and met the requirements of the Act. The FWC approved the agreement, noting that it would facilitate cooperative and productive workplace relations in the Anglican school system. The Commission determined that the agreement was made in good faith and met the criteria for approval as a “single interest employer agreement.” The Anglican Schools Commission for the Corporation of the Synod of the Diocese of Brisbane's application for the approval of the Queensland Anglican Schools Enterprise Agreement 2013 was subsequently approved by the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established