DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Christian Colleges Ltd T/A Mackay Christian College
(AG2016/442)

MACKAY CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2016

Application for approval of the Mackay Christian College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mackay Christian College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackay Christian College Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mackay Christian Colleges Ltd T/A Mackay Christian College applied for approval of an enterprise agreement, which had been negotiated with the Australian Education Union. The application was heard in the Fair Work Commission (FWC), with the FWC's full bench, consisting of Deputy President Campbell, Commissioner McLeod and Commissioner McCabe, considering the matter. The union argued that the agreement was not in the best interests of the employees as it contained provisions that were contrary to public policy and which did not provide adequate protection for employees. The union further contended that the agreement did not meet the "better off overall test" and was not a "genuine" agreement.

The FWC considered the arguments put forward by the union and the employer, and examined the provisions of the agreement in question. The FWC determined that some of the provisions were contrary to public policy and did not provide adequate protection for employees, and therefore could not be approved. The FWC found, however, that the remaining provisions of the agreement were in the best interests of the employees and met the "better off overall test". The FWC also found that the agreement was a genuine agreement that had been negotiated in good faith.

The FWC approved the enterprise agreement, subject to certain modifications to the provisions that were contrary to public policy. The union's application for the agreement to be rejected was dismissed. The employer was ordered to implement the modified agreement within 28 days of the decision. The union was ordered to pay the employer's costs of the application.

Mackay Christian Colleges Ltd T/A Mackay 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