Lake Joondalup Baptist College Inc

[2024] FWCA 666 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lake Joondalup Baptist College Inc

(AG2023/5330)

LAKE JOONDALUP BAPTIST COLLEGE INC. OPERATIONAL STAFF ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 FEBRUARY 2024

Application for approval of the Lake Joondalup Baptist College Inc. Operational Staff Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Operational Staff Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lake Joondalup Baptist College Inc (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 27 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The applicant, Lake Joondalup Baptist College Inc, sought approval of the Lake Joondalup Baptist College Inc. Operational Staff Enterprise Agreement. The dispute was heard in the Fair Work Commission, with the Honourable Commissioner Peter Hely presiding. The applicant applied for approval of the agreement, which was to be in effect for a period of four years. The respondent, the Association of Professional Educators WA Inc, opposed the approval of the agreement.

The court was required to determine whether the agreement was in the public interest and complied with relevant provisions of the Fair Work Act 2009. The primary issue was whether the agreement contained provisions that were contrary to the public interest and whether it was consistent with the national workplace relations system. The court also needed to consider whether the agreement complied with the requirements for enterprise agreements under the Fair Work Act.

The court found that the agreement was not in the public interest as it contained provisions that were contrary to the public interest. The court held that the provisions were not consistent with the national workplace relations system and that they would have an adverse effect on the public interest. The court further found that the agreement did not comply with the requirements for enterprise agreements under the Fair Work Act as it contained provisions that were not consistent with the national workplace relations system. The court rejected the applicant's application for approval of the agreement.

The court ordered that the application for approval of the Lake Joondalup Baptist College Inc. Operational Staff Enterprise Agreement be dismissed. The court also ordered that the agreement be not approved and that it remain inoperative. The court further ordered that the applicant take all necessary steps to ensure that the agreement was not implemented and that it did not have any effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established