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

[2023] FWCA 975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/753)

HARVEST CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2023

Application for approval of the Harvest Christian College Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Harvest Christian College Enterprise Agreement 2023 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

The Independent Education Union 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 10 April 2023. The nominal expiry date of the Agreement is 31 December 2025.

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, applied for the approval of the Harvest Christian College Enterprise Agreement 2023. The application was made to the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards for approval, particularly in terms of its compliance with the statutory requirements and whether it adequately provided for the rights and obligations of the parties involved.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it met the procedural requirements, and whether it complied with the statutory unfair dismissal provisions. The Commission needed to determine if the agreement was appropriately negotiated, contained the necessary minimum terms, and did not unfairly disadvantage any party. Additionally, the Commission examined whether the agreement had been made in good faith and if it was free from any coercion, duress, or other invalidating conduct.

The Commission found that the Harvest Christian College Enterprise Agreement 2023 met all the statutory requirements for approval. It was concluded that the agreement was genuinely negotiated between the employer and the employees, contained all the mandated minimum terms, and did not unfairly disadvantage any party. The Commission also determined that the agreement was made in good faith and was free from any coercion, duress, or other invalidating conduct. Based on these findings, the Commission approved the agreement, confirming that it complied with the relevant provisions of the Fair Work Act 2009.

The final orders of the Commission included the approval of the Harvest Christian College Enterprise Agreement 2023, effective from the date of the decision. The agreement was to apply to all employees of the Copper Triangle Christian School Association Incorporated, trading as Harvest Christian College, who were party to the bargaining process. The Commission also directed that the agreement be registered with the Fair Work Commission, which would make it legally binding on all parties involved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established