Independent Education Union of Australia Summary

[2021] FWCA 7059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/8595)

PARKLANDS CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER SPENCER	BRISBANE, 10 DECEMBER 2021

Application for approval of the Parklands Christian College Collective Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Parklands Christian College Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Queensland and Northern Territory Branch of the Independent Education Union of Australia (IEU/the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514230 PR736659

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Parklands Christian College Collective Enterprise Agreement 2021. The union sought approval of the agreement which had been negotiated with the college under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for teachers and staff at the college, including wages, hours of work, leave entitlements, and other employment-related matters.

The key legal issues that the Commission had to decide were whether the agreement was a "better off overall test" (BOOT) agreement and whether it complied with the provisions of the Fair Work Act. The union argued that the agreement improved the terms and conditions of employment for the employees, while the college contended that certain provisions of the agreement were not in accordance with the law. The central issue was whether the agreement met the statutory requirements for approval under the Act.

The Commission considered the evidence presented by both parties and examined the terms of the agreement. It found that the agreement did indeed provide for improvements in the terms and conditions of employment for the employees, and therefore satisfied the BOOT. The Commission also determined that the agreement complied with the statutory requirements of the Fair Work Act, including the provisions relating to minimum wages, maximum hours of work, and leave entitlements. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for registration.

In summary, the Fair Work Commission approved the Parklands Christian College Collective Enterprise Agreement 2021, finding that it met the requirements of the Fair Work Act and provided for a better overall outcome for the employees. The decision provides guidance on the criteria that must be satisfied for a collective enterprise agreement to be approved by the Commission.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established