DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/6566)

KING’S CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the King’s Christian College Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the King's Christian College Collective Enterprise Agreement 2016 (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 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, Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 6 February 2017 and, in accordance with s.54, will operate from 13 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Independent Education Union of Australia (IEUA) and the King’s Christian College (KCC), applied to the Fair Work Commission for approval of the King’s Christian College Collective Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement was appropriate for registration and approval. In making this determination, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions, whether it contained provisions for minimum rates of pay and conditions, and whether it complied with the applicable provisions of the Fair Work Act.

The Commission determined that the agreement was appropriate for approval and registration. The agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions. The agreement also contained provisions for the resolution of disputes and for the protection of employees' rights. The Commission found that the agreement was consistent with the objects of the Fair Work Act and did not contain any provisions that were contrary to public policy. The Commission noted that the agreement provided for a fair and balanced approach to the resolution of disputes between the parties, and that it provided for the protection of employees' rights in a manner that was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved and registered the King’s Christian College Collective Enterprise Agreement 2016. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it complied with the requirements of the Fair Work Act. The agreement was approved and registered on the basis that it provided for the fair and reasonable resolution of disputes between the parties, and that it provided for the protection of employees' rights in a manner that was consistent with the principles of the Fair Work Act. The Commission noted that the agreement was the result of good faith negotiations between the parties, and that it provided for a balanced approach to the resolution of disputes and the protection of employees' rights.

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