DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plenty Valley Christian Education Ltd T/A Plenty Valley Christian College
(AG2016/7856)

PLENTY VALLEY CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2017 – 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2017

Application for approval of the Plenty Valley Christian College Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Plenty Valley Christian College Enterprise Agreement 2017-2019 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[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 22 March 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Plenty Valley Christian Education Ltd trading as Plenty Valley Christian College, applied for approval of the Enterprise Agreement 2017-2019. The respondents were the teachers employed by the applicants and the unions representing them. The application was heard in the Fair Work Commission. The legal issues that the Commission had to determine included whether the agreement complied with the Fair Work Act, and if it was appropriate to approve the agreement in the interests of national workplace relations system objectives. The Commission examined the agreement provisions, the bargaining process, and the impact on employees and employers.

The Commission found that the agreement was largely compliant with the Fair Work Act, noting only minor technical issues that did not undermine the agreement's overall fairness. The Commission considered the balance of the agreement to be fair and reasonable, taking into account the nature of the work, the parties' bargaining positions, and the broader economic context. The Commission also considered the agreement to be in the interests of the national workplace relations system objectives, including promoting high levels of employment and income, and facilitating efficient and productive workplace relations. The Commission determined that the agreement would assist in achieving these objectives by providing a stable and predictable employment environment.

The Commission approved the Enterprise Agreement 2017-2019, subject to the resolution of the minor technical issues identified. The applicants were directed to take steps to resolve these issues and to notify the Commission of the outcome. The Commission noted that the agreement was a product of good faith bargaining and represented a fair and reasonable outcome for both parties. The approval of the agreement was seen as an important step towards achieving the objectives of the national workplace relations system.

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