DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldfields Baptist College Incorporated T/A Goldfields Baptist College
(AG2015/7824)

GOLDFIELDS BAPTIST COLLEGE STAFF AGREEMENT 2016 TO 2018

Educational services
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the Goldfields Baptist College Staff Agreement 2016 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Goldfields Baptist College Staff Agreement 2016 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldfields Baptist College Incorporated T/A Goldfields Baptist College. The Agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Goldfields Baptist College Incorporated trading as Goldfields Baptist College, sought approval of the Goldfields Baptist College Staff Agreement 2016 to 2018. The respondent, the Independent Education Union of Australia (WA Branch), objected to the application on the basis that certain terms of the agreement were contrary to the Fair Work Act 2009 (Cth). The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the terms of the proposed agreement were consistent with the Fair Work Act. Specifically, the respondent argued that certain terms related to employee entitlements and procedural fairness were not compliant with the statutory provisions. The court had to determine if these provisions were indeed contrary to the Act and, if so, whether this justified refusal of approval.

In its decision, the court examined the relevant sections of the Fair Work Act and compared them to the terms of the proposed agreement. The court found that some of the provisions in the agreement did indeed conflict with the statutory requirements concerning employee entitlements and procedural fairness. However, the court also noted that the College had demonstrated a willingness to negotiate and amend the contentious terms to bring them into compliance. Given this willingness to rectify the issues, the court determined that refusal of approval was not warranted at that time. Instead, the court approved the agreement with the condition that the College amend the specified terms to align with the Act.

The final orders of the court were that the application for approval of the Goldfields Baptist College Staff Agreement 2016 to 2018 be granted, subject to the College making the necessary amendments to ensure compliance with the Fair Work Act. The court also ordered that the College provide a report to the Fair Work Commission within 30 days detailing the changes made to the agreement.

Goldfields Baptist College Incorporated T/A Goldfields Baptist College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established