DECISION

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

Independent Education Union of Australia
(AG2015/4321)

KING'S CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 19 OCTOBER 2015

Application for approval of the King's Christian College Collective Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the King's Christian College Collective Enterprise Agreement 2014 (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] 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] On 14 October 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[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 is approved and, in accordance with s.54 of the Act, will operate from 26 October 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the King's Christian College Collective Enterprise Agreement 2014. The college, a private Christian school in Melbourne, argued that certain provisions of the agreement were not fair and reasonable and failed to comply with the Fair Work Act 2009. The central issue was whether the agreement met the standards of fairness and reasonableness as required by the legislation, particularly concerning the rights and obligations of employees.

The court considered whether the provisions in the agreement were fair and reasonable, focusing on the balance between the rights and obligations of the employees and the operational needs of the college. It examined the process by which the agreement was negotiated and whether it was done in good faith. The court also assessed whether the agreement adequately provided for the resolution of disputes and the protection of employees' rights.

The Fair Work Commission determined that several provisions of the agreement were not fair and reasonable. It found that certain clauses did not adequately balance the interests of the college and its employees and did not comply with the standards set out in the Fair Work Act. The commission also noted deficiencies in the negotiation process and the absence of certain protections for employees. As a result, the commission refused to approve the agreement in its current form.

The final orders required the college and the union to renegotiate the agreement to address the identified deficiencies, ensuring that it met the legal standards of fairness and reasonableness. The commission emphasised the importance of a fair negotiation process and adequate protections for employees in any revised agreement.

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