Christian Community Ministries Ltd

[2024] FWCA 2553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christian Community Ministries Ltd

(AG2024/1871)

CHRISTIAN COMMUNITY MINISTRIES SCHOOLS ENTERPRISE AGEEMENT 2024

Educational facility industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 JULY 2024

Application for approval of the Christian Community Ministries Schools Enterprise Agreement 2024

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Christian Community Ministries Ltd for the approval of Christian Community Ministries Schools Enterprise Agreement 2024 (the Agreement). The Agreement is a single enterprise agreement. The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The applicant informed the Commission that minor typographical errors were identified in the proposed Agreement that was distributed to employees for the purposes of the access period. At the time of lodging this application, the Applicant advised that corrections had been made and an amended version of the Agreement was filed correcting the errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.218A of the Act.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

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.

The Agreement was approved on 10 July 2024 and, in accordance with s.54, will operate from 17 July 2024. The nominal expiry date of the Agreement at clause 1.5.2 is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Community Ministries Limited sought approval of the Christian Community Ministries Schools Enterprise Agreement 2024 in the Fair Work Commission. The agreement, which governed the terms and conditions of employment for Christian Community Ministries Limited's employees, was subject to approval under the Fair Work Act 2009. The application was opposed by various unions, who argued that the agreement did not meet the requirements of the Act or did not fairly represent the employees.

The legal issues before the Commission were whether the agreement met the criteria set out in the Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed to by the parties. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with relevant industrial laws.

After examining the evidence and submissions, the Commission found that the agreement met the requirements of the Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that it had been genuinely agreed to by the parties. The Commission also found that the agreement was in the best interests of the employees and complied with relevant industrial laws. Accordingly, the Commission approved the agreement.

The Commission's approval of the agreement is a significant development for Christian Community Ministries Limited and its employees. The agreement now provides a clear and legally binding framework for the employment relationship, and it is hoped that it will promote industrial harmony and productivity in the schools. The unions' opposition to the agreement highlights the ongoing tensions between employers and unions in the industrial relations sphere, and it remains to be seen how the agreement will be implemented in practice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established