Mueller College Limited T/A Mueller College

[2022] FWCA 2806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mueller College Limited T/A Mueller College

(AG2022/2019)

Mueller Community Church: Mueller College LIMITED EMPLOYEE Collective Agreement 2022-2024

Educational services
COMMISSIONER SIMPSON	BRISBANE, 17 AUGUST 2022

Application for approval of the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2022-2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mueller College Limited T/A Mueller College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 3 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 (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and 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 that the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mueller College Limited, sought approval for the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2022-2024. The application was heard by the Fair Work Commission. The primary dispute centred around the terms and conditions of employment for staff at the college, specifically those who were part of the Mueller Community Church. The applicant argued that the proposed agreement was fair and reasonable for the employees, while no opposing party contested the application.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement was consistent with the national minimum terms and conditions set out in the Fair Work Act, and whether it was procedurally fair. The Commission also considered whether the agreement adequately provided for the protection of employees' rights and interests.

In making its decision, the Commission assessed the provisions of the proposed agreement against the statutory requirements and found that it did not contravene any national minimum terms and conditions. The Commission was satisfied that the agreement was procedurally fair, as it had been developed through proper consultation processes. The Commission noted that the agreement provided appropriate safeguards for the employees, including provisions for dispute resolution and the protection of certain entitlements. Consequently, the Commission approved the application and authorised the agreement for the specified period.

The Fair Work Commission hereby approves the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2022-2024, effective from the date of this decision. The approval is subject to the terms and conditions set out in the agreement, and the agreement will remain in force until the end of the specified period, unless earlier terminated in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established