DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Christian College Limited T/A Ballarat Christian College
(AG2017/4324)

BALLARAT CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Ballarat Christian College Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat Christian College Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat Christian College Limited T/A Ballarat 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 15 December 2017 and, in accordance with s.54, will operate from 22 December 2017. The nominal expiry date of the Agreement is 22 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Ballarat Christian College Limited, trading as Ballarat Christian College, and the Ballarat Christian College Teachers Association. The dispute centred around the application for approval of the Ballarat Christian College Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009, including whether it met the criteria for being a genuine enterprise agreement. This included examining if the agreement was made in good faith and if it covered the appropriate bargaining unit. The Commission also needed to assess if the agreement met the minimum entitlements set out in the Act.

The Commission found that the agreement was indeed a genuine enterprise agreement as it was made in good faith and covered the appropriate bargaining unit. It was noted that the agreement addressed the terms and conditions of employment for the teachers at the College and met the minimum entitlements required by the Fair Work Act 2009. The Commission approved the application and certified the Ballarat Christian College Enterprise Agreement 2017.

The Fair Work Commission certified the Ballarat Christian College Enterprise Agreement 2017, confirming its compliance with the Fair Work Act 2009 and its appropriateness for the bargaining unit.

Ballarat Christian College Limited T/A Ballarat 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