DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association for Christian Education T/A Rehoboth Christian College
(AG2016/5625)

ASSOCIATION FOR CHRISTIAN EDUCATION NON-TEACHING STAFF COLLECTIVE WORKPLACE AGREEMENT 2016-2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 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] The Applicant 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 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Independent Education Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Association for Christian Education, trading as Rehoboth Christian College, applied to the Fair Work Commission for the approval of the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2016-2018. The application was contested by the Education Union of Australia. The dispute concerned the fairness and appropriateness of the proposed agreement, particularly regarding pay rates and conditions for non-teaching staff employed by Christian schools. The Fair Work Commission, presided over by Deputy President D F G Scanlan, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues involved assessing the procedural fairness of the agreement and whether it met the standards for "better off overall" for the employees. The court examined whether the agreement was genuinely negotiated and whether the process involved the employees' genuine participation. Additionally, the court evaluated whether the agreement offered terms and conditions that were not worse than the applicable award or registered agreement, and whether it provided better terms and conditions overall to the employees. The court also considered the impact of the agreement on the bargaining power of the employees and whether it was likely to lead to better outcomes for them.

The Fair Work Commission found that the agreement was procedurally fair and genuinely negotiated, as it was supported by the majority of the employees. The court noted that the process involved genuine employee participation and that the agreement met the "better off overall" test. The commission concluded that the agreement provided terms and conditions that were not worse than the applicable award or registered agreement and offered better terms and conditions overall to the employees. The commission further determined that the agreement was likely to lead to better outcomes for the employees and did not undermine their bargaining power. Therefore, the Fair Work Commission approved the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2016-2018.

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