Portside Christian College Inc

[2021] FWCA 7064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portside Christian College Inc
(AG2021/8637)

PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 DECEMBER 2021

Application for approval of the Portside Christian College Enterprise Agreement 2021

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

[2] The Employer has provided written undertakings dated 9 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020 and the Educational Services (Schools) General Staff Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] Subject to the undertakings referred to above, 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Portside Christian College Incorporated sought approval for its Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, where the College argued that the agreement met the legal standards for approval. The application was opposed by the Australian Education Union, which raised concerns about the agreement's compliance with relevant employment laws.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the statutory requirements for enterprise agreements. The Commission had to consider the fairness test under the Fair Work Act 2009, which requires that agreements are not adversely affecting employees' terms and conditions and are made in good faith.

In its decision, the Commission noted that the agreement provided for reasonable terms and conditions and addressed the parties' interests in a balanced manner. The Commission found that the agreement met the statutory requirements for approval and was not adversely affecting the employees' terms and conditions. The Commission also found that the agreement was made in good faith and that the parties had engaged in genuine bargaining. As a result, the Commission approved the Enterprise Agreement 2021.

The Commission's decision was final and binding, and the Enterprise Agreement 2021 was approved. The College and the union were required to implement the agreement and abide by its terms. The Commission's decision provided clarity on the legal standards for enterprise agreements and the role of the Commission in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established