Association For Christian Education Inc. T/A Rehoboth Christian College Summary

[2023] FWCA 309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Association For Christian Education Inc. T/A Rehoboth Christian College

(AG2022/5209)

ACE NON-TEACHING STAFF COLLECTIVE WORKPLACE AGREEMENT 2023-2025

Educational services
COMMISSIONER SCHNEIDER	PERTH, 31 JANUARY 2023

Application for approval of the ACE Non-Teaching Staff Collective Workplace Agreement 2023-2025

Association For Christian Education Inc. T/A Rehoboth Christian College (the Applicant) has made an application for the approval of an enterprise agreement known as the ACE Non-Teaching Staff Collective Workplace Agreement 2023-2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Independent Education Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 February 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Association for Christian Education Inc. trading as Rehoboth Christian College and the Fair Work Commission. The dispute was regarding the approval of the ACE Non-Teaching Staff Collective Workplace Agreement 2023-2025. The case was heard in the Fair Work Commission. The central legal issue before the court was whether the proposed workplace agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely a product of genuine bargaining, met the minimum standards for pay and conditions, and complied with the procedural requirements for registration. The Commission also considered the impact of the agreement on the rights and protections of employees.

In assessing the agreement, the Commission examined the bargaining process, ensuring that it was genuinely conducted between the employer and the employees' representatives. The court further evaluated if the agreement provided terms and conditions that were not less favourable than the relevant modern award. The Commission also scrutinised the agreement for compliance with procedural requirements, such as providing the necessary documentation and ensuring that employees had the opportunity to be informed about and to discuss the agreement. The court found that the proposed agreement satisfied the statutory criteria and was thus approved for registration.

The Commission concluded that the agreement was the product of genuine bargaining, met the minimum standards for pay and conditions, and adhered to the procedural requirements. The decision was based on the evidence presented, which demonstrated that the bargaining process was robust and that the agreement provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement would not undermine the rights and protections of employees and was in the best interest of the parties involved. The final orders were that the ACE Non-Teaching Staff Collective Workplace Agreement 2023-2025 was approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Association For Christian Education Inc. T/A Rehoboth Christian College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established