DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Community Ministries Ltd
(AG2015/5526)

CHRISTIAN COMMUNITY MINISTRIES EARLY LEARNING CENTRES AND PRE-PREP CENTRES ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 28 OCTOBER 2015

Application for approval of the Christian Community Ministries Early Learning Centres and Pre-Prep Centres Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Christian Community Ministries Early Learning Centres and Pre-Prep Centres Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Christian Community Ministries Ltd.

[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 4 November 2015. The nominal expiry date of the Agreement is 4 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Community Ministries Limited, an employer, applied to the Fair Work Commission for approval of an enterprise agreement made with the United Voice, an employee representative. The agreement was made under section 182 of the Fair Work Act 2009. The dispute arose because the employees were concerned that the agreement did not adequately address certain pay and conditions issues, including casual loading and shift penalties. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act.

The primary legal issues for the Commission to determine were whether the agreement was in the public interest and whether it was fair and reasonable. The Commission had to consider the terms and conditions of the agreement, the process by which it was made, and the views of the parties and their representatives. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the economy or on the operation of the enterprise.

After reviewing the evidence and submissions, the Commission found that the agreement was fair and reasonable. The Commission noted that the agreement had been made after extensive bargaining between the parties and that the process had been conducted in good faith. The Commission also found that the agreement contained provisions that addressed the concerns of the employees and that it was unlikely to have a detrimental effect on the economy or on the operation of the enterprise. The Commission approved the agreement, subject to certain minor amendments.

The Fair Work Commission approved the Christian Community Ministries Early Learning Centres and Pre-Prep Centres Enterprise Agreement 2015, subject to minor amendments. The Commission found that the agreement was fair and reasonable, and that it had been made in good faith. The Commission also found that the agreement addressed the concerns of the employees and that it was unlikely to have a detrimental effect on the economy or on the operation of the enterprise. The Commission's decision was based on a thorough review of the evidence and submissions, and it represents an important step forward in the bargaining process for these employees.

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