DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/2627)

GENESIS CHRISTIAN COLLEGE LTD COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER GREGORY	MELBOURNE, 19 APRIL 2016

Application for approval of the Genesis Christian College Ltd Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Christian College Ltd Collective Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia applied for the approval of the Genesis Christian College Ltd Collective Enterprise Agreement 2015. The college, a private educational institution, had entered into a collective agreement with the union, which represents the college’s employees. The dispute centred on whether the agreement complied with the necessary legal standards and provisions set out in the Fair Work Act 2009.

The court was required to determine if the agreement met the criteria for approval, including whether it was made in good faith, provided for a proper bargaining process, and did not contravene any provisions of the Fair Work Act. Additionally, the court needed to assess if the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other workplace entitlements.

The Fair Work Commission found that the agreement was made in good faith and followed the appropriate bargaining process. The court concluded that the agreement was fair and balanced, providing adequate protections for the employees while also considering the operational needs of the college. The agreement was found to comply with the requirements of the Fair Work Act, and the court approved the Genesis Christian College Ltd Collective Enterprise Agreement 2015.

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