DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Portside Christian College Inc T/A Portside Christian College
(AG2017/5632)

PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 27 MARCH 2018

Application for approval of the Portside Christian College Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Portside Christian College Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Portside Christian College Inc T/A Portside Christian College. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Portside Christian College Inc, trading as Portside Christian College, sought approval of an enterprise agreement from the Fair Work Commission. The application was opposed by the teachers' union. The dispute centred around the terms and conditions of employment within the college, specifically whether the proposed agreement met the necessary standards under the Fair Work Act 2009. The Fair Work Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the broader objectives of the Act.

The primary legal issues the court addressed were whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. This included assessing if the agreement appropriately balanced the interests of employees, particularly teachers, and the employer, while also ensuring that it adhered to the principles of procedural fairness. The court also needed to consider if the agreement provided for adequate terms and conditions, including wages, hours of work, and other employment-related matters.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary standards under the Fair Work Act 2009. The court considered the balance of interests between the teachers and the college, as well as the procedural fairness of the agreement. It found that the agreement was consistent with the broader objectives of the Act, and therefore approved the application for the enterprise agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and thus granted the approval sought by Portside Christian College Inc.

Portside Christian College Inc T/A Portside 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