Portside Christian College Incorporated Trading AS Portside Christian College

[2025] FWCA 1169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Portside Christian College Incorporated Trading AS Portside Christian College

(AG2025/811)

PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER FOX	MELBOURNE, 4 APRIL 2025

Application for approval of the Portside Christian College Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Portside Christian College Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Portside Christian College Incorporated T/A Portside Christian College. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):

Withholding Monies: Clause 25.2 states where an Employee does not give the appropriate notice and there is no agreement to reduce or waive the notice period, the school may withhold from salaries and allowances such payment of up to two (2) weeks wages which has been authorised by the employee and is reasonable in the circumstances. The Agreement does not specify which monies may be deducted and may result in the deduction of monies from accrued NES entitlement inconsistent with Part 2-2 Division 2 of the Act.

However, noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Portside Christian College Incorporated, trading as Portside Christian College, applied to the Fair Work Commission for approval of the Portside Christian College Enterprise Agreement 2024. The dispute arose as the college sought to formalise the terms and conditions of employment for its staff under the new agreement. The Fair Work Commission was the court tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the procedural requirements for approval under the Act, and whether the terms of the agreement were fair and reasonable. Specifically, the Commission had to consider if the agreement was made in good faith and whether it provided for appropriate mechanisms for dispute resolution. Additionally, the Commission examined if the agreement appropriately balanced the interests of the employees and the employer, and if it adhered to the relevant minimum standards set out in the National Employment Standards.

In its decision, the Commission found that the agreement was made in good faith and included adequate dispute resolution mechanisms. The Commission also determined that the agreement was fair and reasonable, taking into account the need for flexibility in the workplace and the specific circumstances of the college. The Commission concluded that the agreement met the necessary criteria and approved the Portside Christian College Enterprise Agreement 2024. The college and its employees are now bound by the terms of this agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established