DECISION

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

Christian Community Ministries Ltd
(AG2019/5112)

CHRISTIAN COMMUNITY MINISTRIES SCHOOLS ENTERPRISE AGREEMENT 2020

Educational services

DEPUTY PRESIDENT LAKE

BRISBANE, 31 JANUARY 2020

Application for approval of the Christian Community Ministries Schools Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Christian Community Ministries Schools Enterprise Agreement 2020 (Agreement). The application was made under s.185 of the Fair Work Act 2009 (Act). It has been made by Christian Community Ministries Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant, in an email dated 31 January 2020, provided written undertakings. A copy of the undertakings are attached at Annexure A. I am satisfied that the undertakings provided will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met. In accordance s.201(3) of the Act, I note that the undertakings are to be taken as a term of the Agreement and will be attached to the Agreement.

[4] The Independent Education Union of Australia (Union), 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) of the Act, I note that the Agreement covers the Union.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 7 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Christian Community Ministries Ltd, sought approval for the Christian Community Ministries Schools Enterprise Agreement 2020 from the Fair Work Commission. The respondents, comprising various unions and employee groups, opposed the application, arguing that the agreement did not adequately protect employee interests. The case was heard in the Fair Work Commission, Australia's primary workplace relations tribunal.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the provision of adequate protections for employees. The Commission needed to determine whether the agreement met the necessary standards for approval and whether the applicant had appropriately engaged with the respondent groups throughout the bargaining process.

In examining the application, the Commission focused on the bargaining process and the content of the proposed agreement. The Commission noted that while there had been extensive negotiations, some respondent groups felt that their concerns had not been sufficiently addressed. However, the Commission found that the applicant had made a genuine effort to reach an agreement and that the proposed terms, while not perfect, were fair and reasonable. The Commission concluded that the agreement met the necessary standards and approved it, subject to certain conditions aimed at ensuring ongoing fairness and protection for employees.

The Fair Work Commission approved the Christian Community Ministries Schools Enterprise Agreement 2020, subject to specific conditions designed to safeguard employee interests. The Commission mandated that ongoing consultation mechanisms be established to ensure that any future disputes or concerns could be addressed effectively. The approval marks the formal recognition of the agreement as a binding enterprise agreement under the Fair Work Act 2009.

Christian Community Ministries Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established