| [2025] FWCA 1508 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Caloundra Christian College Ltd Trading AS Caloundra Christian College
(AG2025/986)
CALOUNDRA CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025
| Educational services | |
| COMMISSIONER DURHAM | BRISBANE, 6 MAY 2025 |
Application for approval of the Caloundra Christian College Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Caloundra Christian College Enterprise Agreement 2025 (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 Trading AS Caloundra Christian College (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
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- AGLC
- Caloundra Christian College Ltd Trading AS Caloundra Christian College [2025] FWCA 1508
- Case
- [2025] FWCA 1508
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, allowed for the appropriate balance of employee and employer interests, and complied with procedural fairness. Specifically, the Commission needed to assess if the agreement adhered to the provisions of the Fair Work Act, including whether it met the "better off overall test" for employees. The Commission also needed to consider the impact of the agreement on the employees' rights and protections, as well as the college's operational needs.
The Commission found that the proposed agreement met the necessary criteria for approval. It concluded that the agreement provided for a safety net of minimum wages and conditions, achieved an appropriate balance between the parties' interests, and was procedurally fair. The Commission noted that the agreement included provisions that were at least as favourable as the relevant award or the National Employment Standards. It also found that the agreement did not adversely affect the employees' rights and protections and was consistent with the principles of the Fair Work Act. Therefore, the Commission approved the Caloundra Christian College Enterprise Agreement 2025.
The Fair Work Commission approved the Caloundra Christian College Enterprise Agreement 2025, subject to registration with the Registrar of the Fair Work Commission. The approval was effective from the date of registration and applied to all employees covered by the agreement. The college and the union were required to provide the Commission with the necessary documentation for registration within the specified timeframe. The approval ensured that the agreement would govern the employment terms and conditions of the college's staff for the duration of the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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