| [2025] FWCA 474 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Torrens Valley Association For Christian Education Inc. T/A Torrens Valley Christian School
(AG2024/4422)
TORRENS VALLEY CHRISTIAN SCHOOL ENTERPRISE AGREEMENT 2024
| Educational services | |
| COMMISSIONER THORNTON | ADELAIDE, 6 FEBRUARY 2025 |
Application for approval of the Torrens Valley Christian School Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Torrens Valley Christian School Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 13 February 2025. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE527928 PR784063>
ANNEXURE A
- AGLC
- Torrens Valley Association For Christian Education Inc. T/A Torrens Valley Christian School [2025] FWCA 474
- Case
- [2025] FWCA 474
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement adequately addressed the terms and conditions of employment, including pay rates, working conditions, and dispute resolution mechanisms. Additionally, the court had to consider if the agreement was fair and balanced, taking into account the interests of both the employer and the employees.
The Fair Work Commission carefully examined the proposed Enterprise Agreement, assessing it against statutory requirements and principles of fairness. The court found that the agreement met the necessary criteria, providing for fair and reasonable terms and conditions of employment. It was concluded that the agreement was a genuine bargain between the parties and that it adequately protected the interests of both the school and the teachers. The court approved the agreement, emphasising the importance of such agreements in maintaining harmonious industrial relations.
As a result of the court's decision, the Torrens Valley Christian School Enterprise Agreement 2024 was approved, providing a clear framework for the employment of teachers at the school for the upcoming year. The court's ruling ensures that the agreement will operate within the legal boundaries set by the Fair Work Act, promoting fairness and stability in the workplace.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.