Flinders Christian Community College Incorporated T/A Flinders Christian Community College

[2022] FWCA 2992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flinders Christian Community College Incorporated T/A Flinders Christian Community College

(AG2022/3344)

Flinders Christian Community College Enterprise Agreement Teaching Staff 2022-2026

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 30 AUGUST 2022

Application for approval of the Flinders Christian Community College Enterprise Agreement Teaching Staff 2022-2026.

Flinders Christian Community College Incorporated T/A Flinders Christian Community College (the Employer) has made an application for approval of an enterprise agreement known as the Flinders Christian Community College Enterprise Agreement Teaching Staff 2022-2026 (the Agreement) pursuant to s.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 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 30 August 2022 and, in accordance with s.54, will operate from 6 September 2022. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Flinders Christian Community College Enterprise Agreement Teaching Staff 2022-2026. The applicant was Flinders Christian Community College Incorporated, trading as Flinders Christian Community College, and the respondents were the South Australian Teachers' Union and the Australian Education Union, representing the interests of the college’s teaching staff. The dispute centred on the terms and conditions of employment for the teaching staff under the proposed agreement, including matters such as remuneration, working conditions, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for the minimum entitlements specified by the Act, and whether it had been negotiated in good faith and covered the appropriate bargaining unit. Additionally, the Commission needed to determine if the agreement was procedurally sound, having been developed through a process that allowed for genuine negotiation and included appropriate consultation with the relevant union representatives.

The Commission, in its decision, carefully reviewed the evidence presented regarding the negotiation process and the terms of the proposed agreement. It found that the agreement had been negotiated in good faith and covered the appropriate bargaining unit. The Commission also concluded that the proposed agreement met all the minimum entitlements required by the Act and did not contain any terms that were contrary to the public interest. As such, the Commission approved the agreement, recognising its alignment with the statutory requirements and its fairness to both the employer and the employees. The approval was contingent on the agreement being registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established