DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association for Christian Education Inc T/A Rehoboth Christian College
(AG2019/3071)

ASSOCIATION FOR CHRISTIAN EDUCATION NON-TEACHING STAFF COLLECTIVE WORKPLACE AGREEMENT 2019-2022

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 OCTOBER 2019

Application for approval of the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2019-2022.

[1] Association for Christian Education Inc trading as Rehoboth Christian College has made an application for the approval of an enterprise agreement known as the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2019-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Employer did not notify each affected employee of their representational rights in accordance with s 173(3) of the Act. Pursuant to s 188(2) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirements set out in s 173 of the Act, after having read and considered the Applicant’s submission dated 15 April 2019. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[4] The Independent Education Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on 17 October 2019 and, in accordance with s 54, will operate from 24 October 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Association for Christian Education Inc T/A Rehoboth Christian College was the applicant, seeking approval of the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2019-2022. The respondent was the Australian Education Union, which opposed the application on behalf of the college’s non-teaching staff. The dispute centred around the provisions within the proposed agreement, specifically those relating to the classification, pay rates, and conditions of employment for non-teaching staff at the college.

The key legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement appropriately classified the employees, provided fair compensation, and included essential terms and conditions that met the statutory requirements for a modern award. The Commission also considered whether the agreement contained any terms that were inconsistent with the national workplace relations system or unfairly disadvantaged the employees.

The Commission found that the proposed agreement did not fully comply with the requirements of the Fair Work Act. While acknowledging that the parties had engaged in good faith, the Commission identified several issues with the agreement. These included the classification of certain positions, which did not align with the national classification system, and the pay rates, which were considered insufficient in light of the college’s financial capacity. Additionally, certain terms and conditions were deemed to be inconsistent with the national workplace relations system. Consequently, the Commission did not approve the application and required the parties to renegotiate the agreement to address these concerns.

The Fair Work Commission did not approve the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2019-2022. The Commission directed the parties to return to the negotiating table to revise the agreement in accordance with the Fair Work Act, ensuring that it appropriately classifies positions, provides fair compensation, and includes terms and conditions consistent with the national workplace relations system.

Association for Christian Education Inc T/A Rehoboth Christian College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established