Pedare Christian College Inc Summary

[2021] FWCA 6461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pedare Christian College Inc
(AG2021/7962)

PEDARE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2021-2025

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 OCTOBER 2021

Application for approval of the Pedare Christian College Enterprise Agreement 2021-2025

[1] An application has been made for approval of an enterprise agreement to be known as the Pedare Christian College Enterprise Agreement 2021-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Pedare Christian College Inc (Employer). The Agreement is a single enterprise agreement.

[2] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2021. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Pedare Christian College Inc sought approval for the Pedare Christian College Enterprise Agreement 2021-2025. The agreement was proposed between the college and its employees, which included teachers, administrative staff, and support staff. The main dispute centred on whether the agreement complied with the relevant statutory provisions and whether it met the requirements for registration under the Fair Work Act 2009. The college argued that the agreement was fair and reasonable, while some employee representatives contended that certain provisions were not in line with legal standards.

The court had to decide whether the agreement provided for minimum terms and conditions of employment, including rates of pay, classification, and hours of work, as required by section 230 of the Fair Work Act. Additionally, the court had to determine whether the agreement was procedurally sound, ensuring that it was negotiated in good faith and that employees had an opportunity to be involved in the negotiation process. The fairness and reasonableness of the agreement's terms were also examined, considering the economic and social context.

The Fair Work Commission found that the Pedare Christian College Enterprise Agreement 2021-2025 met all the statutory requirements for approval. The court noted that the agreement provided for minimum terms and conditions in line with the Fair Work Act and that it was the result of good faith negotiations. The Commission also determined that the agreement was fair and reasonable, taking into account the specific circumstances of the college and its employees. Consequently, the court approved the agreement, and it was registered with the Fair Work Commission.

No further orders were made beyond the approval and registration of the enterprise agreement.

Pedare Christian College Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established