DECISION

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

Independent Education Union of Australia
(AG2019/1567)

RIVERSIDE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BOOTH	BRISBANE, 4 JULY 2019

Application for approval of the Riverside Christian College Collective Enterprise Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia (IEUA) for approval of the Riverside Christian College Collective Enterprise Agreement 2018 (the Agreement). The Employer to be covered by the Agreement is Maryborough Christian Education Foundation Ltd T/A Riverside Christian College (the Employer). The agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and Employer on 30 May 2019, seeking submissions or undertakings in relation to concerns regarding pay rates under the Agreement.

[3] Signed undertakings were provided by the Employer on 6 June 2019, addressing the concerns raised. Additional calculations were also provided by the Applicant on 24 June 2019, further satisfying the Commission that the Agreement, supported by the signed undertakings, meets the Better Off Overall Test.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The IEUA filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the IEUA.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The Independent Education Union of Australia, acting on behalf of certain employees of the Riverside Christian College, applied for the approval of the Riverside Christian College Collective Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The primary issue before the Commission was whether the terms of the agreement met the statutory requirements for approval, particularly in relation to minimum entitlements and whether the agreement provided for appropriate dispute resolution mechanisms.

The Commission considered the terms of the agreement against the Fair Work Act 2009, assessing whether the agreement contained all the mandated minimum entitlements, and if it allowed for an appropriate method of dispute resolution. The Commission noted that the agreement contained all required minimum entitlements and provided for dispute resolution, including the option for conciliation and arbitration through the Fair Work Commission. The Commission found that the agreement did not unfairly disadvantage any employee and that it was made in good faith.

Accordingly, the Commission approved the Riverside Christian College Collective Enterprise Agreement 2018. The approval is subject to the agreement being registered by the Registrar of the Fair Work Commission, as per section 234 of the Fair Work Act 2009. The parties are required to provide the Commission with written confirmation of the registration within 28 days of the date of this decision.

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