DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association for Christian Education T/A Rehoboth Christian College
(AG2016/7153)

ACE COLLECTIVE WORKPLACE AGREEMENT FOR TEACHING STAFF 2016-2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2017

Application for approval of the ACE Collective Workplace Agreement for Teaching Staff 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the ACE Collective Workplace Agreement for Teaching Staff 2016-2018 (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 T/A Rehoboth Christian College. The Agreement is a single enterprise agreement.

[2] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Association for Christian Education, trading as Rehoboth Christian College, applied for approval of a collective workplace agreement for teaching staff for the period 2016-2018. The application was contested by the Independent Education Union of Australia, which raised concerns about various provisions in the agreement, including those relating to pay rates, superannuation contributions, and working hours.

The legal issues before the Commission included whether the agreement provided for terms and conditions that met the 'better off overall test' and whether it included provisions that were contrary to public policy. The Commission had to determine whether the agreement provided fair and reasonable terms and conditions for the employees and if it complied with the relevant legislation, including the Fair Work Act 2009.

The Fair Work Commission determined that the agreement met the 'better off overall test', as the overall financial package provided to the employees was fair and reasonable. The Commission found that the agreement contained provisions that were not contrary to public policy and were consistent with the objectives of the Fair Work Act. The Commission approved the collective workplace agreement, finding that it provided fair and reasonable terms and conditions for the employees and was consistent with the relevant legislation.

The Fair Work Commission approved the ACE Collective Workplace Agreement for Teaching Staff 2016-2018, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the provisions relating to pay rates, superannuation contributions, and working hours. The Commission noted that the modifications were necessary to ensure that the agreement met the 'better off overall test' and did not contain provisions that were contrary to public policy.

Association for Christian Education 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