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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Torrens Valley Association for Christian Education Inc, trading as Torrens Valley Christian School, and the Australian Education Union SA Branch. The dispute centred around the application for the approval of the Torrens Valley Christian School Enterprise Agreement 2019. The case was heard in the Fair Work Commission, which has jurisdiction over matters involving enterprise agreements under the Fair Work Act 2009. The Australian Education Union SA Branch contested the application, arguing that certain provisions of the agreement were not fair and reasonable.

The central legal issues the court had to decide included whether the agreement complied with the procedural fairness requirements, and if its terms and conditions were fair and reasonable. This involved assessing the agreement against the statutory criteria, which required the court to consider factors such as whether the agreement allowed for adequate consultation, provided for fair terms and conditions, and adhered to the applicable minimum standards. The court also had to determine whether the application had been made in good faith and whether the agreement was likely to lead to improved productivity, efficiency, and profitability.

The court found that the application for approval of the agreement was procedurally fair, as the school had demonstrated adequate consultation with the union. The court also concluded that the terms and conditions of the agreement were fair and reasonable, as they provided for a balanced approach between the interests of the employer and the employees. The court considered that the agreement's provisions met the statutory criteria and were in line with the applicable minimum standards. Consequently, the court approved the application for the agreement.

In summary, the court found that the Torrens Valley Christian School Enterprise Agreement 2019 met the statutory criteria for approval, was procedurally fair, and provided for fair and reasonable terms and conditions. The court approved the application for the agreement, allowing it to come into effect as intended.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established