Christian Outreach Centre T/A Suncoast Christian College

[2021] FWCA 6908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christian Outreach Centre T/A Suncoast Christian College

(AG2021/8461)

Suncoast Christian College Collective Enterprise Agreement 2021

Educational services
COMMISSIONER HUNT	BRISBANE, 30 NOVEMBER 2021

Application for approval of the Suncoast Christian College Collective Enterprise Agreement 2021.

Christian Outreach Centre T/A Suncoast Christian College (the Employer) has applied for approval of an enterprise agreement known as the Suncoast Christian College Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (IEUA) 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 IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Christian Outreach Centre, trading as Suncoast Christian College, sought approval of the Suncoast Christian College Collective Enterprise Agreement 2021. The application was heard in the Fair Work Commission. The agreement was being put forward for approval under section 231 of the Fair Work Act 2009, which provides that an enterprise agreement may be approved if it meets certain conditions, including that it does not have an adverse financial impact on the business operations of the employer and that it does not contain provisions that are otherwise unlawful.

The legal issues before the Commission were whether the agreement complied with the legislative requirements and whether it was in the best interests of the employees and the employer. The Commission considered the provisions of the agreement, including those relating to wages, hours of work, leave entitlements and other conditions of employment. The Commission also considered the evidence presented by the parties, including submissions on the financial impact of the agreement on the employer and the impact on the employees.

After considering the evidence and the arguments of the parties, the Commission found that the agreement met the legislative requirements and was in the best interests of the employees and the employer. The Commission approved the agreement, noting that it provided for fair and reasonable terms of employment for the employees while also taking into account the financial position of the employer. The Commission also noted that the agreement provided for a transparent and fair process for resolving disputes between the parties.

The Commission's approval of the agreement means that it will now become a legally binding contract between the employer and the employees. The terms of the agreement will apply to all employees who are covered by the agreement, and the employer will be required to comply with the terms of the agreement. The agreement will remain in force until it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established