Lake Joondalup Baptist College Inc

[2024] FWCA 590

The attached document replaces the document previously issued with the above code on 12 February 2024.

Updated applicant’s name

Associate to Deputy President Saunders

Dated 20 February 2024

[2024] FWCA 590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lake Joondalup Baptist College Inc

(AG2023/5328)

LAKE JOONDALUP BAPTIST COLLEGE INC. EDUCATION ASSISTANTS ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 FEBRUARY 2024

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

An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Education Assistant’s 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. 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 are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEUA) 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 IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 12 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The application for approval of the Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement was brought before the Fair Work Commission. The applicant, Lake Joondalup Baptist College Inc., sought approval of the proposed agreement which aimed to regulate the terms and conditions of employment for education assistants at the college. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue was whether the proposed agreement complied with the criteria set out in the Fair Work Act, including whether it was a genuine enterprise agreement, free from prohibited content, and appropriately certified. A further issue was whether the agreement provided for appropriate minimum terms and conditions of employment, including pay rates and conditions that aligned with the relevant award or determination.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement, as it was negotiated in good faith and the parties had made a genuine attempt to reach an agreement. The Commission also determined that the agreement was free from prohibited content and appropriately certified. It was noted that the agreement provided for minimum terms and conditions of employment that were not less favourable than those provided by the relevant award or determination. Consequently, the Fair Work Commission approved the proposed agreement.

The Commission made orders approving the Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement, effective from 1 July 2021. The agreement was to be registered on the Register of Approved Agreements and would govern the employment conditions of education assistants at the college from that date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established