| [2022] FWCA 3649 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bundaberg Christian College Limited T/A Bundaberg Christian College
(AG2022/3862)
Bundaberg Christian College Limited Enterprise Agreement 2022
| Educational services | |
| COMMISSIONER SIMPSON | BRISBANE, 19 OCTOBER 2022 |
Application for approval of the Bundaberg Christian College Limited Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Bundaberg Christian College Limited Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundaberg Christian College Limited T/A Bundaberg Christian College (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.
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.
The Independent Education Union of Australia (IEU) and the United Workers’ Union (UWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the IEU and UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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<AE517851 PR747010>
Annexure A
- AGLC
- Bundaberg Christian College Limited T/A Bundaberg Christian College [2022] FWCA 3649
- Case
- [2022] FWCA 3649
- Decision Date
CaseChat Overview and Summary
The primary legal issue that the commission needed to resolve was whether the terms and conditions of the proposed agreement complied with the Fair Work Act 2009. Specifically, the commission had to assess whether the agreement met the requirements of being a "better off overall test" (BOOT) as well as whether it included the necessary minimum entitlements for employees. Additionally, the commission considered whether the agreement provided for appropriate processes to resolve workplace disputes and if it adhered to the provisions of the Fair Work Act.
The Fair Work Commission found that the Bundaberg Christian College Limited Enterprise Agreement 2022 met the statutory requirements of the Fair Work Act. The commission determined that the agreement provided for terms and conditions that were at least as favourable as the applicable awards or registered agreements. Furthermore, the commission was satisfied that the agreement included all necessary minimum entitlements and provided for appropriate processes to resolve workplace disputes. Consequently, the commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.
As a result of the commission's decision, the Bundaberg Christian College Limited Enterprise Agreement 2022 has been approved and will now govern the terms and conditions of employment for the staff members of the college. The agreement will come into effect on the date of the decision and will remain in force until such time as it is replaced by a new agreement or terminated in accordance with the provisions of the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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