DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/4851)

GLASSHOUSE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JANUARY 2018

Application for approval of the Glasshouse Christian College Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glasshouse Christian College 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 January 2018 and, in accordance with s.54, will operate from 7 February 2018. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Independent Education Union of Australia and the Glasshouse Christian College. The dispute centred around the approval of the Glasshouse Christian College Collective Enterprise Agreement 2017. The case was heard in the Fair Work Commission. The legal issues before the court were whether the agreement complied with the Fair Work Act 2009, particularly in relation to its provisions on minimum wages, penalty rates, and employee entitlements. The court also had to determine if the agreement met the requirements for simplification and if it was genuinely bargained.

The court found that the agreement generally complied with the Fair Work Act, with some minor adjustments required. It held that the wage rates and penalty rates stipulated in the agreement were fair and reasonable, taking into account the unique circumstances of the institution. The court noted that the agreement was appropriately simplified, making it accessible to employees. However, it did identify some provisions that required clarification to ensure they were genuinely bargained and to protect employee entitlements. The court ultimately approved the agreement with these adjustments, ensuring it met all legal standards.

The final orders of the court mandated that the Glasshouse Christian College Collective Enterprise Agreement 2017 be approved with the specified amendments. The court ordered that the institution implement the necessary changes to the agreement to align with the Fair Work Act. Additionally, the court directed that a revised version of the agreement be submitted for formal registration. The outcome ensured that the agreement was both legally compliant and fair to 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