DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pedare Christian College Inc T/A Pedare Christian College
(AG2017/4719)

PEDARE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2017 - 2020

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Pedare Christian College Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pedare Christian College Enterprise Agreement 2017 – 2020 (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 T/A Pedare Christian College. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pedare Christian College Inc trading as Pedare Christian College, sought approval of an enterprise agreement with its employees. The dispute was heard by the Fair Work Commission (FWC) which is the statutory body responsible for resolving workplace disputes under the Fair Work Act 2009 (Cth). The key issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Act. Specifically, the FWC had to determine if the agreement was a genuine enterprise agreement, if it had been fairly negotiated, and if it was in the best interests of the employees it covered. The FWC also considered if the agreement complied with the provisions of the National Employment Standards and other relevant legislative protections.

The FWC examined the evidence provided by both parties and found that the agreement had been negotiated in good faith and covered all the employees within the relevant bargaining unit. The FWC concluded that the agreement contained terms and conditions that were no worse off than the applicable awards and met the requirements of the National Employment Standards. Importantly, the FWC noted the agreement provided for a fair and transparent process for the resolution of workplace disputes and included provisions for employee representation and consultation. Given these findings, the FWC determined that the agreement was genuinely negotiated and in the best interests of the employees, and thus approved the enterprise agreement.

The FWC's approval of the enterprise agreement is final and binding, and the agreement will now form the basis of the terms and conditions of employment for the employees covered by it. The parties are required to comply with the terms of the agreement, and any disputes arising under the agreement must be resolved in accordance with its provisions. The decision of the FWC is a significant outcome for both the applicant and the employees, as it provides certainty and stability in the workplace and ensures that the parties are able to work together in a fair and productive manner.

Pedare Christian College Inc T/A Pedare 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