DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6081)

COOLUM BEACH CHRISTIAN COLLEGE LTD COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the Coolum Beach Christian College Ltd Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coolum Beach Christian College Ltd Collective Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Independent Education Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 February 2018 and, in accordance with s.54, will operate from 6 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval for the Coolum Beach Christian College Ltd Collective Enterprise Agreement 2017. The college argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act, particularly in relation to the proper consultation process and the coverage of employees. The college argued that the union had not properly consulted with the employees and that the agreement did not cover all relevant employees.

In delivering its decision, the Commission found that the union had indeed engaged in proper consultation with the employees and that the agreement covered all relevant employees. The Commission noted that the union had followed the necessary procedures and had ensured that the agreement was in line with the provisions of the Act. The Commission approved the agreement, finding that it met all the necessary criteria for approval.

The Fair Work Commission approved the Coolum Beach Christian College Ltd Collective Enterprise Agreement 2017, finding that it met all the necessary legal requirements. The college's objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

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