DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyndale Christian School – Murray Bridge Incorporated
(AG2018/6942)

TYNDALE CHRISTIAN SCHOOL - MURRAY BRIDGE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Tyndale Christian School - Murray Bridge 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 – Murray Bridge 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 Agreement lodged contained an error at clause 7.1.3.7. On 8 March 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] 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 case of Tyndale Christian School – Murray Bridge Incorporated, the applicant sought approval of the Enterprise Agreement 2018 from the Fair Work Commission. The agreement was intended to regulate the employment conditions of staff at the school. The application was made by the employer, who argued that the proposed agreement was fair and reasonable. The application faced opposition from the Australian Education Union (SA Branch), which contended that the agreement did not adequately address certain employee rights and entitlements.

The central legal issue before the Commission was whether the proposed Enterprise Agreement was fair and reasonable in all its terms. This involved determining whether the agreement complied with the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The Commission had to consider various factors, including the nature of the work, the bargaining positions of the parties, and the overall fairness of the agreement.

The Commission examined the terms and conditions of the proposed agreement in detail. It found that while some aspects of the agreement were reasonable, others fell short of providing fair and reasonable terms. Specifically, the Commission noted that certain provisions relating to redundancy and termination of employment did not adequately protect the rights of the employees. After considering the evidence and submissions from both parties, the Commission concluded that the agreement was not fair and reasonable in its entirety. Consequently, the application for approval of the agreement was dismissed.

No specific orders were made in this instance as the application was dismissed outright. However, the decision provides a clear guideline for the parties on the aspects of the agreement that need to be revised to meet the requirements of the Fair Work Act.

Tyndale Christian School – Murray Bridge Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established