DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Community Ministries Ltd
(AG2016/7640)

CHRISTIAN COMMUNITY MINISTRIES SCHOOLS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER ROE	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Christian Community Ministries Schools Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Christian Community Ministries Schools 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 Christian Community Ministries Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 6 February 2017 and, in accordance with s.54, will operate from 13 February 2017. The nominal expiry date of the Agreement is 13 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Christian Community Ministries Ltd, the employer, and the Christian Community Ministries Schools Enterprise Agreement 2017. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The agreement sought to establish terms and conditions of employment for teachers and other staff within the schools operated by Christian Community Ministries Ltd.

The primary legal issue before the Commission was whether the agreement contained all the prescribed minimum terms and conditions as stipulated in the Fair Work Act 2009, and if it was procedurally valid. The Commission had to assess the agreement against the statutory requirements and ensure that the negotiation process complied with relevant provisions of the Act.

The Commission found that the agreement met all the prescribed minimum terms and conditions. It noted that the agreement had been negotiated in good faith, with the necessary parties involved, and that it did not unfairly discriminate against any class of employees. The Commission also determined that the agreement was procedurally valid. It was satisfied that all procedural requirements were met, including the provision of relevant information to employees and the opportunity for them to be involved in the negotiation process. Based on these findings, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement.

In approving the agreement, the Commission emphasised the importance of meeting all prescribed minimum terms and conditions and ensuring that the negotiation process was fair and transparent. The decision underscores the need for employers to comply with statutory requirements to achieve a valid enterprise agreement.

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