Torrens Valley Association for Christian Education Inc T/A Torrens Valley Christian School

[2019] FWCA 3099

[2019] FWCA 3099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Torrens Valley Association for Christian Education Inc T/A Torrens Valley Christian School
(AG2019/729)

TORRENS VALLEY CHRISTIAN SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 7 MAY 2019

Application for approval of the Torrens Valley Christian School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Torrens Valley Christian School Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Torrens Valley Association for Christian Education Inc T/A Torrens Valley Christian School. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 March 2019.

[3] On 11 April 2019 and 3 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 May 2019. The undertaking deals with the following topics:

•  In addition to clause 8.5(c),(d) and (e) of the Agreement, employees will be entitled to five days unpaid leave in accordance with the National Employment Standards (NES) in the event that they experience family and/or domestic violence.

•  Despite clause 29.1(a) of the Agreement, the grounds for summary dismissal will be limited to “serious misconduct” as defined in the Fair Work Regulations 2009.

•  Clause 47 of the Agreement, which relates to annualised salaries, will not apply to non-teaching staff.

•  Upon termination of employment, the Applicant will pay an employee all outstanding wages and entitlements within seven days.

•  Clause 8.1(a)(ii) of the Agreement will be amended as follows:

“Primary Carer means the person who has the primary responsibility to care for or support the dependent infant or the pre-school age child. The primary carer for the payment of paid leave must be:

• the birth mother of the newborn;

• the adopting parent of the child; or

• another person caring for the child.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Independent Education Union of Australia (IEU)”, 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) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2020.

COMMISSIONER

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