Caloundra Christian College Ltd Summary

[2014] FWCA 1343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Caloundra Christian College Ltd
(AG2013/10505)

CALOUNDRA CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 27 FEBRUARY 2014

Application for approval of the Caloundra Christian College Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Caloundra Christian College Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, will operate from 6 March 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Caloundra Christian College Limited applied for the approval of an enterprise agreement that it had negotiated with its employees. The application was heard by the Fair Work Commission (FWC), which was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The employees involved were represented by a union, which opposed the approval of the agreement.

The legal issues before the FFWRC were whether the agreement complied with the requirements for approval under the Fair Work Act. Specifically, the FWC had to consider whether the agreement dealt with the employees' wages and other conditions of employment in a manner that was fair and reasonable, and whether the agreement was made in good faith. The union argued that the agreement did not provide adequate protections for employees, particularly in relation to redundancy and the handling of grievances.

The FWC found that the agreement was fair and reasonable and had been made in good faith. The FWC noted that the agreement provided for above award wage increases and included provisions for the handling of grievances and the resolution of disputes. The FWC also found that the agreement was consistent with the principles of enterprise bargaining set out in the Fair Work Act. The union's concerns about the adequacy of the redundancy provisions were not sufficient to disqualify the agreement for approval.

The FWC approved the Caloundra Christian College Enterprise Agreement 2014. The union's application for a review of the FWC's decision was subsequently dismissed by the Federal Court of Australia.

Caloundra Christian College Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established