DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastside Lutheran College Inc T/A Eastside Lutheran College
(AG2020/2091)

EASTSIDE LUTHERAN COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JULY 2020

Application for approval of the Eastside Lutheran College Enterprise Agreement 2020.

[1] Eastside Lutheran College Inc (the Employer) has made an application for approval of an enterprise agreement known as the Eastside Lutheran College Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 July 2020 and, in accordance with s 54, will operate from 7 August 2020. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eastside Lutheran College Inc trading as Eastside Lutheran College, sought approval for an Enterprise Agreement from 2020. The applicant argued that the agreement was fair and reasonable, and that it complied with all relevant legislative requirements. The Fair Work Commission was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009. The Commission had to assess the fairness of the agreement, taking into account various factors, such as the nature of the work, the bargaining power of the parties, and the need for a safety net for employees. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Act, including the requirement for good faith bargaining and the need to provide for a minimum safety net of entitlements.

The Commission found that the agreement was fair and reasonable, and that it complied with all relevant legislative requirements. The Commission noted that the agreement provided for a safety net of entitlements that were no less favourable than the applicable award or registered agreement. The Commission also found that the agreement was the product of good faith bargaining between the parties. The Commission rejected the claims of the objectors, who argued that the agreement did not provide for adequate protections for employees. The Commission found that the agreement provided for appropriate protections, including provisions for redundancy and termination of employment.

The Fair Work Commission approved the Eastside Lutheran College Enterprise Agreement 2020, finding that it was fair and reasonable and complied with all relevant legislative requirements. The Commission found that the agreement provided for a safety net of entitlements that were no less favourable than the applicable award or registered agreement, and that it was the product of good faith bargaining between the parties. The Commission rejected the claims of the objectors, finding that the agreement provided for appropriate protections for employees. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009. The Commission's decision was based on a detailed consideration of the evidence and arguments presented by the parties, and the Commission's assessment of the fairness and reasonableness of the agreement.

Eastside Lutheran College Inc T/A Eastside Lutheran College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established