Genesis Christian College Ltd T/A Genesis Christian College

[2022] FWCA 4117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genesis Christian College Ltd T/A Genesis Christian College

(AG2022/4568)

Genesis Christian College Ltd Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 NOVEMBER 2022

Application for approval of the Genesis Christian College Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Genesis Christian College Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genesis Christian College Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Genesis Christian College Limited, trading as Genesis Christian College, sought approval of the Genesis Christian College Ltd Enterprise Agreement 2022 under the Fair Work Act 2009. The application was made in the Fair Work Commission, a tribunal established by the Commonwealth of Australia to manage industrial relations disputes. The dispute centred on whether the agreement met the requirements of the Act, specifically focusing on whether the agreement provided fair and reasonable terms for employees, and whether it was free from prohibited content.

The legal issues before the Commission included whether the agreement complied with the statutory criteria set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for employees, and whether it was free from prohibited content. The applicant argued that the agreement was fair and reasonable and contained no prohibited content, while no other party contested the application. The Commission had to determine whether the agreement met the criteria for approval under the Act.

The Commission found that the agreement met the requirements of the Act. It noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, leave, and other entitlements. The Commission also found that the agreement was free from prohibited content, including provisions that would undermine the rights of employees to be free from discrimination and to be protected from adverse action. The Commission concluded that the agreement was fair and reasonable and met the criteria for approval under the Act.

The Fair Work Commission approved the Genesis Christian College Ltd Enterprise Agreement 2022, and the agreement is now legally binding on the parties. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds. The approval of the agreement ensures that employees at the College are provided with fair and reasonable terms and conditions of employment, and that the College can operate within a framework that is consistent with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established