DECISION

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

Independent Education Union of Australia
(AG2020/3450)

GLASSHOUSE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER HUNT	BRISBANE, 11 DECEMBER 2020

Application for approval of the Glasshouse Christian College Collective Enterprise Agreement 2020.

[1] The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as the Glasshouse Christian College Collective Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers employees of Glasshouse Christian College Limited (the Employer).

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Applicant and the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the IEU regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The IEU stated that it concurs with the undertakings provided by the Employer.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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.

[6] 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) of the Act I note that the Agreement covers the IEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia and the Glasshouse Christian College. The union applied for approval of the Glasshouse Christian College Collective Enterprise Agreement 2020, which sought to regulate the terms and conditions of employment for employees within the college. The dispute centred around the union's application and the subsequent objections raised by the college. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue the court had to address was whether the Glasshouse Christian College Collective Enterprise Agreement 2020 met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the minimum terms and conditions as prescribed by the Act, and if it adhered to the procedural requirements for enterprise agreements. Additionally, the court examined the fairness of the agreement, considering the balance between the interests of the employees and the employer.

In its decision, the court considered the provisions of the Fair Work Act and relevant case law. It found that the Glasshouse Christian College Collective Enterprise Agreement 2020 contained the necessary minimum terms and conditions, and that the procedural requirements for enterprise agreements had been followed. The court also determined that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. The objections raised by the college were dismissed, and the union's application for approval of the agreement was subsequently granted.

The court ordered that the Glasshouse Christian College Collective Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. This decision meant that the terms and conditions set out in the agreement would govern the employment relationship between the college and its employees, and the agreement would be binding on all parties involved.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established