DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highview Christian Community College Limited T/A Highview College
(AG2017/5979)

HIGHVIEW COLLEGE ENTERPRISE AGREEMENT 2018 - 2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 15 MAY 2018

Application for approval of the Highview College Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Highview College Enterprise Agreement 2018 - 2021 (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 Limited T/A Highview 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 is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Highview Christian Community College Limited, trading as Highview College, applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2018 to 2021. The application was opposed by the Independent Education Union of Australia (IEUA), representing a group of teachers at the college. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly regarding the treatment of the teachers under the agreement.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other employment conditions, and whether the agreement contained terms that were contrary to public policy or not genuinely agreed upon by the parties. The IEUA argued that the proposed agreement did not adequately address issues of pay equity and the right to access workplace bargaining, while Highview College maintained that the agreement was fairly negotiated and met all statutory requirements.

The Fair Work Commission found that while the proposed agreement was largely compliant with the Fair Work Act, certain terms needed to be modified to meet the legal standards. Specifically, the Commission determined that the agreement did not adequately address pay equity for teachers and required amendments to ensure that these employees were paid in line with industry standards. The Commission also found that some provisions relating to workplace bargaining were not genuinely agreed upon by the parties and needed to be revised. After making these adjustments, the Commission approved the enterprise agreement, noting that it met the necessary legal requirements and represented a fair outcome for both parties.

The final orders of the Commission included the approval of the enterprise agreement, subject to the modifications made by the Commission, and the setting aside of any previous orders that were inconsistent with the approved agreement. The College and the Union were directed to implement the revised agreement and to notify the Commission of any further disputes arising from its operation.

Highview Christian Community College Limited T/A Highview College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established