DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bundaberg Christian College Limited
(AG2017/5697)

BUNDABERG CHRISTIAN COLLEGE LIMITED COLLECTIVE AGREEMENT 2014

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 FEBRUARY 2018

Application for variation of the Bundaberg Christian College Limited Collective Agreement 2014.

[1] An application has been made for approval of a variation to the Bundaberg Christian College Limited Collective Agreement 2014 (the Agreement). The application was made by Bundaberg Christian College Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 1 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Bundaberg Christian College Limited and its employees. The dispute centred around an application by the college to vary certain terms of the Bundaberg Christian College Limited Collective Agreement 2014. The Fair Work Commission was tasked with determining whether the proposed variations were justified and should be approved. The employees, represented by their union, contested the application, arguing that the proposed changes would negatively impact their employment conditions and entitlements.

The legal issues the Commission had to address included whether the proposed variations were necessary, whether the changes were consistent with the principles of good faith bargaining, and whether the variations would have a detrimental impact on the employees. The Commission also had to consider the impact of the proposed changes on the balance of rights and obligations under the collective agreement and whether there were any alternatives to the proposed changes that could achieve the college's objectives without adversely affecting the employees.

In delivering its decision, the Commission first noted the importance of the principle of good faith bargaining in industrial relations. It then examined the evidence presented by both parties and considered the nature and extent of the proposed changes. The Commission found that while the college had demonstrated a need for some changes, the proposed variations went beyond what was necessary and would have an adverse impact on the employees' conditions. The Commission also found that the college had not engaged in genuine bargaining with the union and had not considered alternative options that could have achieved its objectives without negatively impacting the employees. Based on these findings, the Commission rejected the application for variation of the collective agreement.

The Commission's decision highlighted the importance of good faith bargaining and the need for employers to consider alternative options before seeking to vary a collective agreement. The college was not granted the variations it sought, and the existing collective agreement remained in place.

Bundaberg Christian College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established