DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillcrest Christian College Limited T/A Hillcrest Christian College
(AG2020/3837)

HILLCREST CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Hillcrest Christian College Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hillcrest Christian College Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hillcrest Christian College Limited T/A Hillcrest Christian College. 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. The undertakings are taken to be a term of 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] I note that Clause 5.10.6 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.7.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Independent Education Union (IEU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hillcrest Christian College Limited, trading as Hillcrest Christian College, applied to the Fair Work Commission for approval of the Hillcrest Christian College Enterprise Agreement 2020. The dispute arose as the college sought to finalise the terms of employment for its staff under the new agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and requirements for approval.

The legal issues before the Commission included whether the agreement was fairly and properly negotiated, whether it contained the minimum entitlements required by law, and whether it adhered to the relevant provisions of the Fair Work Act 2009. The college had to demonstrate that it had engaged in genuine bargaining with the relevant unions and that the agreement reflected a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the agreement was the product of genuine negotiations and contained the minimum entitlements required by law. The Commission noted that the college had provided evidence of extensive bargaining processes and had demonstrated that the agreement reflected a fair outcome for both the college and its staff. As a result, the Commission approved the agreement, finding that it met all necessary legal standards and requirements.

The Commission's decision was based on the evidence provided by the college and the unions, which showed that the agreement had been negotiated in good faith and contained the minimum entitlements required by law. The Commission concluded that the agreement was fair and reasonable and that it met all necessary legal standards and requirements for approval. The approval of the agreement allows the college to implement the terms and conditions of employment for its staff as set out in the agreement.

Hillcrest Christian College Limited T/A Hillcrest 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