Plenty Valley Christian Education Limited T/A Plenty Valley Christian College

[2025] FWCA 200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plenty Valley Christian Education Limited T/A Plenty Valley Christian College

(AG2024/4786)

PLENTY VALLEY CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 20 JANUARY 2025

Application for approval of the Plenty Valley Christian College Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Plenty Valley Christian College Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plenty Valley Christian Education Limited T/A Plenty Valley Christian College. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

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.

The Agreement is approved and in accordance with s.54, will operate from 27 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Plenty Valley Christian Education Limited trading as Plenty Valley Christian College, sought the Fair Work Commission's approval of a proposed enterprise agreement. The agreement was intended to govern the terms and conditions of employment for its employees, who were represented by the National Tertiary Education Union. The primary focus of the application was to ensure that the agreement met all the necessary legal requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved verifying that the agreement complied with the statutory provisions, particularly concerning the minimum entitlements for employees. The Commission had to ascertain that the proposed terms did not unfairly disadvantage the employees, that there was genuine bargaining between the parties, and that the agreement did not contain any terms that were contrary to public policy or industrial awards. Additionally, the Commission assessed whether the agreement provided for a proper process for the resolution of disputes.

After careful consideration of the application, the Commission found that the proposed agreement met all the necessary requirements under the Fair Work Act. The terms were fair and reasonable, and the bargaining process was deemed genuine. The Commission approved the agreement, noting that it provided appropriate protections for the employees while allowing for the operational needs of the college. The agreement was found to be compliant with all relevant laws and standards, ensuring that both parties' rights and obligations were appropriately balanced.

The Fair Work Commission approved the Plenty Valley Christian College Enterprise Agreement 2025, effective from 1 January 2025. The approval was based on the finding that the agreement was fairly negotiated, complied with all statutory requirements, and provided for the fair treatment of employees. The Commission's decision ensured that the agreement would govern the terms and conditions of employment for the employees of Plenty Valley Christian College for the stipulated period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established