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

[2016] FWCA 4767

[2016] FWCA 4767

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
(AG2016/3472)

TORRENS VALLEY CHRISTIAN SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Torrens Valley Christian School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Torrens Valley Christian School Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Torrens Valley Association for Christian Education Inc T/A Torrens Valley Christian School. The Agreement is a single enterprise agreement.

[2] A Form F18 – Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement (Form F18) was lodged by the Independent Education Union of Australia (the IEU) which asserted that the IEU were a bargaining representative for the Agreement and that they supported approval of the Agreement, however, had concerns in relation to the consultation term at clause 11 of the Agreement, specifically clause 11.12. On 18 July 2016 the IEU requested to be heard on the matter. I listed the matter for telephone hearing on 1 August 2016.

[3] Having heard from the parties today I am satisfied that s.205 of the Act has been complied with, in that the Agreement provides at clause 11 at consultation term that requires the employer to which the Agreement applies to consult the employees to whom the Agreement applies about a major workplace change that is likely to have a significant effect on the employees or a change to their regular roster or ordinary hours of work and allows for the representation of those employees for the purposes of that consultation.

[4] The Commission notes that clause 19 of the Agreement provides an entitlement to enter the Applicant’s premises. The Applicant has provided written undertakings that clause 19 is to be read in conjunction with the Act. 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.

[5] 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.

[6] The Independent Education Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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ANNEXURE A