Eastside Lutheran College Inc Trading AS Eastside Lutheran College

[2025] FWCA 1162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eastside Lutheran College Inc Trading AS Eastside Lutheran College

(AG2025/677)

EASTSIDE LUTHERAN COLLEGE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER PERICA	MELBOURNE, 4 APRIL 2025

Application for approval of the Eastside Lutheran College Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Eastside Lutheran College Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 4 April 2025. It will operate from 11 April 2025 as required by section 54 of the Act. The nominal expiry date is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Eastside Lutheran College Inc trading as Eastside Lutheran College, applied to the Fair Work Commission for approval of the Eastside Lutheran College Enterprise Agreement 2024. The respondents to the application were various unions representing employees of the college. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to provide for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement was negotiated in good faith and whether it provided for the proper protection of employees' rights. Additionally, the Commission assessed whether the agreement was consistent with the national minimum standards set out in the Fair Work Act and other relevant industrial instruments.

The Commission found that the Eastside Lutheran College Enterprise Agreement 2024 was consistent with the statutory requirements of the Fair Work Act. It was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The agreement was also found to be consistent with national minimum standards and other relevant industrial instruments. Given these findings, the Commission approved the agreement, ensuring that it would come into effect on the specified date. The final orders confirmed the approval of the agreement, allowing it to be implemented as intended by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established