DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2015/6067)

HILLCREST CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 DECEMBER 2015

Application for approval of the Hillcrest Christian College Enterprise Agreement 2016.

[1] An application has been made for approval of a single enterprise agreement known as the Hillcrest Christian College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, will operate from 29 December 2015. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Independent Education Union of Australia for the approval of the Hillcrest Christian College Enterprise Agreement 2016. The Hillcrest Christian College, located in Melbourne, is a private educational institution, and the Independent Education Union of Australia represents the teachers and other staff members employed at the college. The dispute arose when the union sought to have the enterprise agreement approved under the Fair Work Act 2009 to ensure that the terms and conditions of employment for the college's staff were fairly and adequately covered.

The legal issues before the Commission were primarily focused on whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. The Commission had to determine if the agreement was genuinely negotiated between the employer and the union, if it met the "better off overall test" and if it adhered to the "good faith" obligations. Additionally, the Commission considered whether the agreement contained all the mandatory terms as required by the Act.

In examining the application, the Commission considered evidence provided by both parties and took into account the principles of good faith bargaining and the necessity for a fair and reasonable outcome for both the employer and the employees. The Commission found that the agreement had been genuinely negotiated and met the "better off overall test". The Commission was satisfied that the agreement contained all the mandatory terms and did not contravene any provisions of the Fair Work Act 2009. The Commission also found that the agreement was in good faith and complied with all the necessary requirements.

As a result, the Commission approved the Hillcrest Christian College Enterprise Agreement 2016, ensuring that the terms and conditions of employment for the college's staff are fairly and adequately covered under the agreement. The approval of the enterprise agreement allows the college and its employees to benefit from the negotiated terms and conditions, while also ensuring that the rights and obligations of both parties are protected under the Fair Work Act 2009.

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