Coolum Beach Christian College Ltd Trading As Coolum Beach Christian College

[2025] FWCA 1950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coolum Beach Christian College Ltd Trading As Coolum Beach Christian College

(AG2025/1586)

COOLUM BEACH CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 12 JUNE 2025

Application for approval of the Coolum Beach Christian College Collective Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Coolum Beach Christian College Collective Enterprise Agreement 2025 (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 Trading As 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, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 19 June 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Coolum Beach Christian College Ltd, trading as Coolum Beach Christian College, sought approval of a collective enterprise agreement. The application was made to the Fair Work Commission, which was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The central issue before the Commission was whether the agreement was a genuine and effective agreement, meeting all necessary requirements under the Act, including provisions for minimum entitlements and procedural fairness.

The Commission considered whether the agreement provided for minimum entitlements as prescribed under the Fair Work Act, including the national minimum wage and penalty rates. The applicant provided evidence that the proposed agreement met these requirements. Additionally, the Commission examined whether the agreement was made in accordance with the procedural requirements set out in the Act, including whether proper consultation and negotiation processes were followed. The applicant demonstrated that the agreement had been negotiated with the appropriate employee representatives and that the process was conducted in good faith.

Upon reviewing the evidence and arguments presented, the Fair Work Commission found that the proposed agreement complied with all relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement provided for the minimum entitlements required by law and that the negotiation process was fair and in compliance with procedural fairness requirements. Consequently, the Commission approved the application and authorised the collective enterprise agreement to be in effect.

The final orders included the approval and registration of the Coolum Beach Christian College Collective Enterprise Agreement 2025, effective from the date of the Commission's decision. The agreement was to be treated as a registered agreement for the purposes of the Fair Work Act, and the applicant was required to ensure compliance with all terms and conditions set forth within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established