DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pedare Christian College Inc
(AG2015/6669)

PEDARE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER PLATT	ADELAIDE, 3 DECEMBER 2015

Application for approval of the Pedare Christian College Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pedare Christian College Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pedare Christian College Inc. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

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

[4] The Independent Education Union of Australia (IEU), 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) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 24 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Pedare Christian College Inc and the teachers' union. The dispute centred around the approval of the Pedare Christian College Enterprise Agreement 2015. The matter was heard by the Fair Work Commission, Australia's workplace relations tribunal. The teachers' union had applied for the approval of the agreement, which outlined the terms and conditions of employment for teachers at the college.

The legal issues the court needed to decide centred on whether the agreement met the necessary legislative requirements under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement had been fairly negotiated, provided for minimum entitlements, and met the criteria for being a "single, integrated and coherent agreement". The court also had to determine if the agreement was in the best interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The court determined that the agreement had been fairly negotiated and contained all the necessary minimum entitlements. The agreement was found to be a single, integrated, and coherent document, meeting the requirements of the Fair Work Act 2009. The court found that the agreement was in the best interests of the employees and complied with the Fair Work (Registered Organisations) Act 2009. Consequently, the court approved the Pedare Christian College Enterprise Agreement 2015.

Pedare Christian College Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established