DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingsway Christian Education Association Inc T/A Kingsway Christian College
(AG2015/2833)

KINGSWAY CHRISTIAN EDUCATION ASSOCIATION INC EDUCATION ASSISTANTS AND NON-TEACHING STAFF ENTERPRISE BARGAINING AGREEMENT 2014 - 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2015

Application for approval of the Kingsway Christian Education Association Inc Education Assistants and Non-Teaching Staff Enterprise Bargaining Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kingsway Christian Education Association Inc Education Assistants and Non-Teaching Staff Enterprise Bargaining Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingsway Christian Education Association Inc T/A Kingsway Christian College. 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 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 was approved on 9 June 2015 and, in accordance with s.54, will operate from 16 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Kingsway Christian Education Association Inc T/A Kingsway Christian College applied for approval of the Enterprise Bargaining Agreement between the Association and its staff members. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the necessary conditions for approval and if it was in the best interests of the employees. Specifically, the Commission had to determine if the agreement provided for the minimum entitlements as required by the Fair Work Act 2009, and if it was fair and reasonable.

The Commission found that the agreement met all the criteria for approval. It provided for the minimum entitlements as required by law, including appropriate wage rates and conditions. The agreement also contained provisions for dispute resolution, which the Commission noted as a positive aspect of the agreement. The Commission further found that the agreement was fair and reasonable, taking into account the nature of the work and the interests of both the employer and the employees. The Commission was satisfied that the agreement was not likely to have a detrimental effect on the industrial relations system.

As a result, the Commission approved the Enterprise Bargaining Agreement between the Kingsway Christian Education Association Inc and its staff members. The approval means that the agreement is now legally binding on both parties, and any disputes arising from the agreement must be resolved in accordance with its terms. The approval also means that the employees covered by the agreement are entitled to the benefits and protections provided for in the agreement. The decision of the Commission is final and cannot be appealed, unless there are exceptional circumstances.

Kingsway Christian Education Association Inc T/A Kingsway Christian College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established