DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caloundra Christian College Ltd T/A Caloundra Christian College
(AG2017/6158)

CALOUNDRA CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Caloundra 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 Caloundra Christian College Ltd T/A Caloundra Christian College. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Caloundra Christian College Ltd, trading as Caloundra Christian College, sought approval of the Caloundra Christian College Enterprise Agreement 2017. The application was made by the employer under section 230 of the Fair Work Act 2009, as it required the employer to seek approval of the agreement from the Commission. The Australian Education Union, acting on behalf of the employees, did not oppose the application but did raise concerns regarding certain clauses in the agreement. The nature of the dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission had to determine if the agreement was made in good faith, if it contained the minimum terms and conditions as prescribed by the Act, and if it was made without coercion, duress or discrimination. Additionally, the Commission had to assess whether any provisions in the agreement that deviated from the National Employment Standards were reasonable in the circumstances.

The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also found that the agreement did not contain any provisions that were contrary to the National Employment Standards or that were unreasonable in the circumstances. The Commission approved the agreement, finding that it met all the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Caloundra Christian College Enterprise Agreement 2017, finding that it met all the requirements for approval under the Fair Work Act. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also found that the agreement did not contain any provisions that were contrary to the National Employment Standards or that were unreasonable in the circumstances. The Commission's decision provides clarity for the employer and the employees regarding the terms and conditions of their employment, and ensures that the agreement is compliant with the statutory requirements.

Caloundra Christian College Ltd T/A Caloundra 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