Maryborough Christian Education Foundation Ltd T/A Riverside Christian College

[2024] FWCA 3610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maryborough Christian Education Foundation Ltd T/A Riverside Christian College

(AG2024/3624)

RIVERSIDE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER MCKINNON	SYDNEY, 16 OCTOBER 2024

Application for approval of the Riverside Christian College Collective Enterprise Agreement 2024

Maryborough Christian Education Foundation Ltd T/A Riverside Christian College has applied for approval of a single enterprise agreement known as the Riverside Christian College Collective Enterprise Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 23 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Riverside Christian College Collective Enterprise Agreement 2024. The application was brought by the Maryborough Christian Education Foundation Ltd trading as Riverside Christian College, and the respondents included the teachers and administrative staff represented by the Australian Education Union. The primary dispute centred around the terms and conditions outlined in the proposed agreement, including wages, working hours, leave entitlements, and other employment-related provisions.

The legal issues the court had to resolve revolved around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "low paid" agreement and if it adhered to the minimum standards set by the Act. The court also had to consider the fairness of the agreement in terms of the balance of rights and obligations for both parties and whether it provided for a proper process for resolving workplace disputes.

The Fair Work Commission found that the proposed agreement was consistent with the requirements of the Fair Work Act. The agreement was deemed to be a low paid agreement, as the majority of the employees were earning below the relevant threshold. The court confirmed that the agreement provided adequate protections for employees, including appropriate wage rates, leave entitlements, and other conditions of employment. Furthermore, the commission was satisfied that the agreement included a fair process for resolving disputes and did not unfairly disadvantage either party. Consequently, the application for approval of the agreement was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established