DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1871)

PARKLANDS CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Parklands 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 the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application for the approval of the Parklands Christian College Collective Enterprise Agreement 2017. The application was made to the Fair Work Commission (FWC) by the union, which sought to have the agreement recognised as a valid and enforceable enterprise agreement under the Fair Work Act 2009 (Cth). The college, represented by its employer, contested the application on various grounds, including that the agreement did not meet the requirements for a valid enterprise agreement.

The central legal issues before the Commission involved determining whether the agreement satisfied the statutory criteria set out in the Fair Work Act. These criteria included verifying that the agreement had been made in good faith, that the agreement contained the necessary minimum terms and conditions, and that the appropriate bargaining representatives had been involved in the negotiation process. The college argued that the agreement did not comply with these statutory requirements and thus should not be approved.

The Commission examined the evidence presented by both parties and considered the statutory provisions relevant to the approval of enterprise agreements. After careful deliberation, the Commission found that the agreement was made in good faith, contained the required minimum terms and conditions, and involved the appropriate bargaining representatives. The Commission rejected the college’s arguments and held that the agreement met all the statutory criteria for approval. Consequently, the Commission approved the agreement as a valid and enforceable enterprise agreement.

The Commission’s decision was final and binding, and the agreement was approved with effect from the date of the decision. The college was directed to implement the terms of the agreement and ensure compliance with its provisions. The union was authorised to enforce the agreement on behalf of its members. The college had the right to appeal the decision to the Federal Court within 21 days of the decision being issued.

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