DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyndale Christian School Incorporated
(AG2018/6939)

TYNDALE CHRISTIAN SCHOOL ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2019

Application for approval of the Tyndale Christian School Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tyndale Christian School Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyndale Christian School Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 March 2019. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tyndale Christian School Incorporated applied for approval of the Tyndale Christian School Enterprise Agreement 2018. The application arose because the school and its employees could not reach an agreement on certain terms and conditions of employment. The dispute involved the interpretation and application of the Fair Work Act 2009 and the specific provisions of the proposed agreement.

The primary legal issues before the Commission were whether the terms of the proposed agreement complied with the legislative requirements and whether the agreement was made in good faith. The school argued that the agreement was necessary to ensure operational efficiency and to reflect the unique nature of the educational environment. The employees, on the other hand, contended that certain provisions were unfair and did not provide adequate protections.

The Commission found that the proposed agreement did not meet all the legislative criteria for approval. Notably, the school failed to demonstrate that it had genuinely attempted to negotiate in good faith, particularly in relation to certain clauses that disadvantaged the employees. The Commission also highlighted that the agreement did not adequately address issues of workplace health and safety, which are critical in an educational setting. Consequently, the application was dismissed as the agreement did not meet the statutory standards for approval.

The Fair Work Commission ordered that the Tyndale Christian School Enterprise Agreement 2018 be rejected and returned to the parties for further negotiation. The Commission emphasised the need for both parties to engage in genuine discussions to reach a fair and balanced agreement that complies with the requirements of the Fair Work Act. The decision underscores the importance of adhering to the legislative framework and the necessity of good faith negotiations in the formation of enterprise agreements.

Tyndale Christian School Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established