DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highview Christian Community College
(AG2015/3125)

HIGHVIEW COLLEGE ENTERPRISE AGREEMENT 2015-2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 13 AUGUST 2015

Application for approval of the Highview College Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Highview College Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Highview Christian Community 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 13 August 2015 and, in accordance with s.54, will operate from 20 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Highview Christian Community College and the Independent Education Union of Australia. The dispute arose from the application to approve the Highview College Enterprise Agreement 2015-2017. The matter was heard in the Fair Work Commission of Australia. The key issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the process followed in reaching the agreement and the fairness of its provisions.

The Commission examined whether the agreement was made in good faith and whether it followed the necessary procedures as stipulated by the Act. The Union argued that the process leading to the agreement was flawed and that the terms were not fair. The College, on the other hand, maintained that the agreement was reached through proper negotiation and that it was fair. The Commission assessed the evidence presented by both parties, including the negotiation records, the terms of the agreement, and the context in which it was made. It found that while there were procedural irregularities, these did not significantly undermine the overall fairness or the good faith of the agreement.

After careful consideration, the Commission concluded that the agreement substantially met the legal requirements. It acknowledged some procedural shortcomings but determined that these did not materially affect the fairness of the agreement or the process by which it was made. The Commission approved the Highview College Enterprise Agreement 2015-2017, finding it to be a fair and reasonable agreement. As a result, the application for approval was granted.

Highview Christian Community College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established