DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hope Christian College Inc T/A Hope Christian College
(AG2014/10873)

HOPE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2014

Educational services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 FEBRUARY 2015

Application for approval of the Hope Christian College Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hope Christian College Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hope Christian College Inc. T/A Hope Christian College. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“On behalf of the Hope Christian College, I undertake to apply clause 24.9 of the Agreement (Partial Redundancies) in lieu of the 7 weeks’ notice set out in clause 22.4(3)(ii) of the Agreement.

The application of the clause 24.9 will mean that where a part time employee’s teaching load is varied as a result of a change in funding, enrolling, curriculum or education delivery, or whether the change would result in a reduction in salary, the employee would be entitled to a partial redundancy in accordance with clause 24.9 of the Agreement. This includes an obligation to consult in accordance with clause 12 of the Enterprise Agreement.

As a result, the 7 weeks’ notice set out in clause 22.4(3)(ii) of the Agreement would not apply.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Independent Education Union of Australia (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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2015. The nominal expiry date of the Agreement is 12 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hope Christian College Inc T/A Hope Christian College applied for approval of the Enterprise Agreement 2014. The respondents were various employees of the college, including teachers, support staff, and administrative personnel. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, including the provision of genuine agreement and the satisfaction of the "better off overall test" for employees.

The primary legal issue was whether the agreement provided for a genuine enterprise agreement, considering the elements such as employee involvement in negotiations and the fairness of the terms proposed. Additionally, the court had to determine whether the agreement met the statutory requirements, including the "better off overall test" which mandates that employees should not be worse off financially as a result of the agreement.

The Fair Work Commission found that the application met the necessary criteria for genuine agreement and compliance with the Act. The evidence presented indicated that the agreement was negotiated in good faith, with meaningful consultation between the college and its employees. The Commission also concluded that the proposed agreement met the "better off overall test" for the majority of employees, as it provided for fair wages and conditions while allowing the college to operate within its financial constraints.

Following the Commission's determination, the court approved the Enterprise Agreement 2014. The final orders mandated that the agreement be implemented and that it be registered with the Fair Work Commission. The college was also required to provide the necessary documentation and evidence to ensure ongoing compliance with the terms of the agreement.

Hope Christian College Inc T/A Hope 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