DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Copper Triangle Christian School Association Incorporated T/A Harvest Christian College
(AG2017/5705)

HARVEST CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 11 APRIL 2018

Application for approval of the Harvest Christian College Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harvest Christian College Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Copper Triangle Christian School Association Incorporated T/A Harvest Christian College. 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.

[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 of the Act, will operate from 18 April 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Copper Triangle Christian School Association Incorporated, trading as Harvest Christian College, sought approval of the Harvest Christian College Enterprise Agreement 2018. The applicant was represented by Mr. J. T. Smith, while the respondents were represented by Ms. J. J. Brown. The case was heard in the Fair Work Commission, presided over by Deputy President M. A. Richardson.

The central legal issue in this matter was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning redundancy and other termination benefits. The respondents argued that certain clauses in the agreement were inconsistent with the Act and not fairly and reasonably negotiated. They further contended that the agreement did not adequately address the interests of employees, particularly in the areas of redundancy and other termination benefits.

The Deputy President found that the agreement was consistent with the Fair Work Act and had been fairly and reasonably negotiated. The Deputy President considered that the agreement provided appropriate protections for employees in relation to redundancy and other termination benefits. The Deputy President was satisfied that the agreement met the criteria for approval under the Act, including the requirement that it provides for the fair and reasonable negotiation of terms and conditions of employment. The Deputy President approved the Harvest Christian College Enterprise Agreement 2018, finding that it was in the best interests of the employees and the employer.

The Deputy President ordered that the Harvest Christian College Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the approval. The Deputy President also directed that the agreement be published on the Fair Work Commission's website and that a copy be provided to the parties and the Fair Work Ombudsman.

Copper Triangle Christian School Association Incorporated T/A Harvest Christian College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established