DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Christian College Ltd T/A Genesis Christian College
(AG2019/1670)

GENESIS CHRISTIAN COLLEGE LTD ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JULY 2019

Application for approval of the Genesis Christian College Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Christian College Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Genesis Christian College Ltd T/A Genesis Christian College (Employer). 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.

[3] Subject to the undertakings, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 5.8.1 of the Agreement, which does not express the entitlement to compassionate leave as per occasion; and

• Clause 5.9.3 of the Agreement, which provides that an employee cannot take carer’s leave if another person has taken leave to care for the same person, unless there are special circumstances.

[5] The Independent Education Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Genesis Christian College Limited trading as Genesis Christian College, applied to the Fair Work Commission for approval of the Genesis Christian College Limited Enterprise Agreement 2019. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it contained all the minimum terms and conditions mandated by the Act, and whether it was appropriately certified by the relevant bargaining representative.

The court was tasked with examining whether the agreement contained all the mandatory minimum terms stipulated by the Fair Work Act, and whether it was correctly certified. Certification required that the agreement had been negotiated in good faith and that it met the criteria set by the Act for being a "single interest" agreement. The court needed to verify if the negotiation process complied with the legal standards and whether the agreement was appropriately certified by a relevant party.

The court found that the agreement contained all the minimum terms and conditions required by the Act. It was certified by the Independent Education Union of Australia, which was deemed to be a relevant bargaining representative. The court concluded that the negotiation process was conducted in good faith and that the agreement met the statutory requirements for approval. The certification was considered valid, and the agreement was found to be appropriately certified.

The Fair Work Commission approved the Genesis Christian College Limited Enterprise Agreement 2019, confirming its compliance with the Fair Work Act and the validity of its certification.

Genesis Christian College Ltd T/A Genesis Christian College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established