DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plenty Valley Christian Education Ltd T/A Plenty Valley Christian College
(AG2020/2363)

PLENTY VALLEY CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 28 AUGUST 2020

Application for approval of the Plenty Valley Christian College Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Plenty Valley Christian College Enterprise Agreement 2020 (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 Ltd T/A Plenty Valley Christian College. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Plenty Valley Christian College however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Independent Education Union of Australia (Victoria Tasmania Branch), 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 4 September 2020. The nominal expiry date of the Agreement is 29 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Plenty Valley Christian Education Limited trading as Plenty Valley Christian College, sought approval of the Enterprise Agreement 2020. The respondents were the independent education union and the Australian Education Union. The dispute was heard in the Fair Work Commission. The central legal issue before the Commission was whether the Enterprise Agreement complied with the relevant statutory requirements and whether it was fair and reasonable in the circumstances. The Commission had to consider whether the agreement provided appropriate protections for employees and whether it was consistent with the Fair Work Act 2009.

The Commission found that the agreement met the statutory requirements and was fair and reasonable. The agreement provided for appropriate terms and conditions of employment, including provisions for casual loading, overtime, and penalty rates. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair balance between the interests of the employer and the employees. The Commission was satisfied that the agreement provided for appropriate protections for employees and that it was consistent with the objectives of the Fair Work Act.

The Commission approved the Enterprise Agreement 2020, subject to certain modifications to ensure compliance with the statutory requirements. The modifications related to the calculation of overtime rates and the provision of notice of termination. The Commission found that the modifications were necessary to ensure that the agreement was fair and reasonable and that it provided appropriate protections for employees. The Commission noted that the modifications did not significantly alter the overall terms and conditions of employment set out in the agreement.

The Commission made orders approving the Enterprise Agreement 2020, subject to the modifications. The agreement was to be registered with the Fair Work Commission and would apply to all employees of the College who were party to the agreement. The Commission also made orders for the publication of the agreement and for the provision of copies to the parties and to the Fair Work Ombudsman. The decision provides guidance on the requirements for the approval of enterprise agreements and the considerations that the Commission takes into account when making its decisions.

Plenty Valley Christian Education Ltd T/A Plenty Valley 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