DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Christian College Limited
(AG2019/2103)

BUNDABERG CHRISTIAN COLLEGE LIMITED ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 AUGUST 2019

Application for approval of the Bundaberg Christian College Limited Enterprise Agreement 2019.

[1] Bundaberg Christian College Limited (the Employer) has made an application for approval of an enterprise agreement known as the Bundaberg Christian College Limited Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, accompanying statutory declaration, and the further material provided by the Employer, 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] The Independent Education Union of Australia and United Voice, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 15 August 2019 and, in accordance with s 54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bundaberg Christian College Limited, applied to the Fair Work Commission for approval of the Bundaberg Christian College Limited Enterprise Agreement 2019. The respondents were the Bundaberg Christian College Teachers Union and several teachers employed by the college. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. These requirements included ensuring the agreement provided for fair and reasonable terms and conditions of employment and did not discriminate against any group of employees. The court also needed to consider if the agreement was made in good faith and whether it complied with the statutory "better off overall test," ensuring employees were no worse off financially under the new agreement.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement was deemed fair and reasonable, and it did not discriminate against any group of employees. The Commission concluded that the agreement was made in good faith and satisfied the better off overall test. Consequently, the application for approval was granted, and the Bundaberg Christian College Limited Enterprise Agreement 2019 was approved.

The Fair Work Commission approved the Bundaberg Christian College Limited Enterprise Agreement 2019, confirming its compliance with the Fair Work Act 2009. The Commission's decision recognised that the agreement provided for fair and reasonable terms and conditions of employment, did not discriminate against any group of employees, and was made in good faith. The approval ensures that the agreement will govern the employment terms of teachers at Bundaberg Christian College moving forward.

Bundaberg Christian College Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established