DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyndale Christian School - Strathalbyn Incorporated
(AG2018/6941)

TYNDALE CHRISTIAN SCHOOL - STRATHALBYN ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Tyndale Christian School - Strathalbyn 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 – Strathalbyn 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

The applicants, Tyndale Christian School - Strathalbyn Incorporated, sought approval of the 2018 Enterprise Agreement from the Fair Work Commission (FWC). The agreement was designed to regulate the employment of staff at the school, addressing various terms and conditions. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the requirements of the Fair Work Act. This included ensuring that the agreement did not adversely affect employees' minimum entitlements and was made in good faith. The FWC had to examine whether the agreement contained the necessary provisions for minimum rates of pay, penalty rates, and leave entitlements. It was also necessary to assess whether the agreement had been genuinely negotiated and not made under duress or coercion.

The FWC determined that the agreement was made in good faith and did not adversely affect the minimum entitlements of employees. The applicants provided evidence of genuine negotiation and consultation with the relevant employee representatives. The FWC found that the agreement included all required minimum terms and conditions, thus meeting the statutory criteria for approval. Consequently, the FWC approved the agreement, confirming its compliance with the Fair Work Act.

The FWC granted approval of the Tyndale Christian School - Strathalbyn Enterprise Agreement 2018, effective from 1 July 2018. This decision ensures that the terms of employment for staff at the school are legally recognised and regulated, providing clarity and certainty for all parties involved.

Tyndale Christian School - Strathalbyn Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established