Lake Joondalup Baptist College Inc

[2024] FWCA 658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lake Joondalup Baptist College Inc

(AG2023/5332)

LAKE JOONDALUP BAPTIST COLLEGE INC. TEACHERS ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 FEBRUARY 2024

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

An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Teachers 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. 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 27 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, the Lake Joondalup Baptist College Inc sought approval of a teachers' enterprise agreement. The dispute centred around the terms and conditions of employment for teachers employed by the College. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement complied with the procedural fairness requirements and whether it met the standards of good faith bargaining and the best interests of the employees.

The key legal issues before the Commission included whether the proposed agreement had been genuinely negotiated, whether the agreement was in the best interests of the employees, and whether it complied with the procedural fairness requirements. Additionally, the Commission had to consider whether the agreement met the standards of good faith bargaining and whether it was consistent with the relevant industrial relations laws. The Commission also examined the evidence presented by both parties to determine the overall fairness and reasonableness of the proposed agreement.

After carefully considering the evidence and arguments presented by both the College and the teachers, the Commission found that the proposed agreement was in the best interests of the employees and met the standards of good faith bargaining. The Commission concluded that the agreement was procedurally fair and complied with the relevant industrial relations laws. Therefore, the Commission approved the Lake Joondalup Baptist College Inc Teachers Enterprise Agreement, which now governs the terms and conditions of employment for teachers at the College.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established