Association for Christian Education Inc T/A Rehoboth Christian College Summary

[2023] FWCA 2345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Association for Christian Education Inc T/A Rehoboth Christian College

(AG2023/1921)

ACE TEACHING STAFF COLLECTIVE WORKPLACE AGREEMENT 2023-2025

Educational services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 28 JULY 2023

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

An application has been made for approval of an enterprise agreement known as the Ace Teaching Staff Collective Workplace Agreement 2023-2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Association for Christian Education Inc T/A Rehoboth Christian College (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 9 February 2023 and the Agreement was made on 11 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the applicant, Association for Christian Education Inc trading as Rehoboth Christian College, applied for approval of the ACE Teaching Staff Collective Workplace Agreement 2023-2025. The primary concern of the applicant was the determination of appropriate remuneration for teaching staff in Christian schools, particularly focusing on the application of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an independent statutory tribunal established by the Commonwealth of Australia to administer and enforce workplace relations laws.

The central legal issue before the Commission was whether the proposed agreement was in line with the provisions of the Fair Work Act 2009, specifically whether it met the criteria for approval as a modern award or an agreement made in accordance with the provisions of the Act. The Commission had to consider whether the agreement provided for fair and reasonable remuneration, taking into account the unique characteristics of Christian schools, such as their educational mission and values. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage employees and that it complied with relevant industrial laws.

In its decision, the Commission examined the proposed agreement clause by clause, evaluating the provisions against the relevant legislative standards and principles. The Commission recognised the distinctive nature of Christian schools and their role in providing religious education, which impacts the remuneration and employment conditions of teaching staff. The Commission concluded that the agreement was fair and reasonable, taking into account the specific context of Christian schools. The Commission approved the agreement, subject to certain modifications, to ensure it met the legal requirements and protected the interests of both employers and employees.

The Fair Work Commission approved the ACE Teaching Staff Collective Workplace Agreement 2023-2025, subject to the modifications made by the Commission. The decision highlighted the importance of considering the unique aspects of Christian schools when determining appropriate remuneration and employment conditions for teaching staff. The approval of the agreement ensures that Christian schools can continue to operate within the framework of the Fair Work Act 2009, while also recognising the distinctive values and educational mission of these institutions.

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