Coolum Beach Christian College Ltd T/A Coolum Beach Christian College

[2022] FWCA 208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coolum Beach Christian College Ltd T/A Coolum Beach Christian College

(AG2021/8961)

Coolum Beach Christian College Collective Enterprise Agreement 2022

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 27 JANUARY 2022

Application for approval of the Coolum Beach Christian College Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Coolum Beach Christian College Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coolum Beach Christian College Ltd T/A Coolum Beach Christian College. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 11.6.1(d) and 11.6.2(c) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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 is approved and in accordance with s.54, will operate from 3 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Coolum Beach Christian College Limited, trading as Coolum Beach Christian College, which sought approval for the 2022 Collective Enterprise Agreement. The application was heard by the Fair Work Commission, a tribunal in Australia responsible for the resolution of workplace disputes. The primary issue before the Commission was whether the proposed agreement complied with the relevant statutory provisions and represented a fair and reasonable outcome for the employees.

The Commission had to determine if the agreement met the procedural requirements, such as if the agreement was genuinely negotiated, and substantive fairness, including whether it provided for fair wages and conditions. The College argued that the agreement was the result of genuine negotiations and contained terms and conditions that were fair and reasonable for the employees. The Commission considered submissions from both parties and examined the evidence presented to assess the agreement's compliance with the Fair Work Act 2009.

After careful consideration, the Commission found that the agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement addressed the employees' needs and provided for a balanced distribution of benefits and obligations. Consequently, the Commission approved the 2022 Collective Enterprise Agreement, and the decision was made on 22 August 2022. The approval of the agreement ensured that the employees of Coolum Beach Christian College would benefit from the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established