Independent Education Union of Australia

[2014] FWCA 4183

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/1117)

SUNCOAST CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 JUNE 2014

Application for approval of the Suncoast Christian College Collective Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Suncoast 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] 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] On 20 June 2014 an undertaking was provided by Suncoast Christian College (the Employer). Pursuant to s.190 of the Act, I accept the Employer’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[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, will operate from 1 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission seeking approval of the Suncoast Christian College Collective Enterprise Agreement 2014. The agreement was made between the Suncoast Christian College and the union, representing the college's employees. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues the court was required to decide included whether the agreement contained all the mandatory terms and conditions prescribed by the Act and Regulations, and whether the agreement had been made in accordance with the procedural requirements of the Act. The union argued that the agreement was valid and complied with all statutory requirements, while the college raised concerns about certain provisions of the agreement and its procedural validity.

The court found that the agreement did indeed contain all the mandatory terms and conditions prescribed by the Act and Regulations, and that it had been made in accordance with the procedural requirements of the Act. The court rejected the college's concerns about certain provisions of the agreement, finding that they did not contravene any statutory requirements. The court also found that the agreement had been made in good faith and without coercion, and that it represented a fair and reasonable outcome for both parties.

The court approved the Suncoast Christian College Collective Enterprise Agreement 2014, and ordered that it be registered with the Fair Work Commission. The union was also awarded its costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established