DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Christian Community College Incorporated
(AG2019/4076)

FLINDERS CHRISTIAN COMMUNITY COLLEGE NON-TEACHING STAFF ENTERPRISE BARGAINING AGREEMENT 2019

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 DECEMBER 2019

Application for approval of the Flinders Christian Community College Non-Teaching Staff Enterprise Bargaining Agreement 2019

[1] Flinders Christian Community College Incorporated has made an application for approval of an enterprise agreement known as the Flinders Christian Community College Non-Teaching Staff Enterprise Bargaining Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 19 December 2019 and, in accordance with s 54, will operate from 26 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Flinders Christian Community College Incorporated and the Christian Education Commission. The dispute centred on the approval of the Flinders Christian Community College Non-Teaching Staff Enterprise Bargaining Agreement 2019. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the good faith bargaining provisions of the Act, and if it contained the necessary minimum terms and conditions as stipulated by the law. Additionally, the Commission needed to consider if the agreement was free from any invalid provisions that could render it non-compliant.

In delivering the decision, the Commission carefully examined the bargaining process and the content of the agreement. It found that the bargaining had been conducted in good faith and that the agreement included all the required minimum terms and conditions. The Commission also determined that the agreement did not contain any invalid provisions, thus ensuring its compliance with the legal requirements. Consequently, the Commission approved the Flinders Christian Community College Non-Teaching Staff Enterprise Bargaining Agreement 2019.

As a result of the Commission's findings, the Flinders Christian Community College Non-Teaching Staff Enterprise Bargaining Agreement 2019 was approved, effective from the date of the decision. The approval signified that the agreement met all necessary legal standards and was fit for implementation within the educational institution.

Flinders Christian Community College Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established