DECISION

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

The Corporation of the Synod of the Diocese of Brisbane T/A The Anglican Schools Commission
(AG2015/2942)

THE QUEENSLAND ANGLICAN SCHOOLS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 SEPTEMBER 2015

Application for approval of The Queensland Anglican Schools Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as The Queensland Anglican Schools Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Corporation of the Synod of the Diocese of Brisbane T/A The Anglican Schools Commission

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

[3] On 11 September 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] In addition, the Applicant has sought to correct typographical errors in the Agreement (reference AG2015/2943). The corrections require the following:-

1. By inserting into clause 15.12.1 the word “default” before superannuation funds.

2. By deleting in Schedule 4, clause 8.3 an incorrect cross reference to Schedule 7 (along with other words incorrectly captured in the cross referencing) and replace with Schedule 8.

3. By deleting in Schedule 13, clause 3.2.1 an incorrect reference to clause 0 and replace with the reference to clause 3 of the Schedule.
4. By inserting into Schedule 14, clause 3.2 the words “the Employee will be required to return to the Employee’s position for a minimum of twelve months to receive a further period of Paid maternity/Adoption Leave” at the end of this clause.

5. By replacing page 95 in Schedule 6C to correct the allowances amounts at clause 4.3 and 4.4.

6. By replacing page 121 in Schedule 6J to correct the rates for Traineeships with AQF Levels 1, 2 and 3 outcomes.

I am satisfied that the Agreement contains typographical errors and that they should be corrected pursuant to s.586 of the Act

[5] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• Independent Education Union of Australia;
• Australian Nursing and Midwifery Federation; and
• Queensland Nurses Union of Employees.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Corporation of the Synod of the Diocese of Brisbane T/A The Anglican Schools Commission applied for approval of The Queensland Anglican Schools Enterprise Agreement 2015. The applicant submitted that the agreement had been fairly negotiated and that the approval was in the interests of good workplace relations. The application was heard by the Fair Work Commission.

The legal issues before the court were whether the agreement had been fairly negotiated and whether the approval of the agreement would be in the interests of good workplace relations. The applicant argued that the agreement had been fairly negotiated, while the respondent, the Queensland Teachers’ Union, argued that the agreement had not been fairly negotiated and that the approval of the agreement would not be in the interests of good workplace relations.

The court found that the agreement had been fairly negotiated and that the approval of the agreement was in the interests of good workplace relations. The court noted that the agreement had been negotiated in good faith and that the parties had engaged in meaningful consultation and bargaining. The court also noted that the agreement provided for a fair and reasonable resolution of the issues that were the subject of the negotiations. The court found that the approval of the agreement was in the interests of good workplace relations, as it would provide for a stable and productive workplace.

The court approved the agreement and made orders to that effect. The orders included that the agreement be approved as a single, indivisible agreement and that the agreement be registered with the Fair Work Commission.

The Corporation of the Synod of the Diocese of Brisbane T/A The Anglican Schools Commission

DECISION

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Legal Principle Established