Hope Christian College Inc T/A Hope Christian College

[2015] FWCA 1016

[2015] FWCA 1016

FAIR WORK COMMISSION

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

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