DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Church of Queensland, Fairholme College Toowoomba T/A Fairholme College
(AG2018/6911)

FAIRHOLME COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 8 MAY 2019

Application for approval of the Fairholme College Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fairholme College Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Presbyterian Church of Queensland, Fairholme College Toowoomba T/A Fairholme College. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.586 of the Act, I amend Schedule 2, Clause 11 of the Agreement so that the reference to “Clause 6” is amended to refer to “Clause 9”. I also amend Schedule 2.4, Clause 6.1 of the Agreement so that the reference to “Clause 6.1” is amended to refer to “Clause 9”.

[5] The Independent Education Union of Australia (IEU) and the Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Presbyterian Church of Queensland, as the employer, and Fairholme College Toowoomba, represented by the applicant, were parties to a dispute over the approval of the Fairholme College Enterprise Agreement 2019. The application for approval was made to the Fair Work Commission, which adjudicated on the matter. The primary issue at hand was whether the enterprise agreement met the requirements under the Fair Work Act 2009 for it to be approved by the Fair Work Commission. The applicant argued that the agreement was fair and reasonable and met all statutory criteria, while the employer contested that certain provisions did not comply with the law.

The court examined whether the agreement provided for minimum terms and conditions that were no less favourable than those stipulated by the relevant awards or safety nets. The court also considered whether the agreement contained the necessary provisions for dispute resolution, and if the process for its negotiation was fair and in good faith. The applicant needed to demonstrate that the agreement was made without any improper conduct and that it was not entered into under duress. The court needed to determine whether the agreement was made independently and in good faith, and whether it covered all necessary matters as required by the legislation.

After a thorough analysis, the Fair Work Commission found that the agreement was fair and reasonable, and met all the criteria for approval. The court concluded that the agreement provided for minimum terms and conditions that were no less favourable than those provided by the relevant awards, and that it included the necessary dispute resolution provisions. The court also found that the negotiation process was conducted in good faith and that the agreement was made independently, without any improper conduct. Therefore, the court approved the Fairholme College Enterprise Agreement 2019. The final orders were that the agreement be approved as a registered agreement under the Fair Work Act 2009.

Presbyterian Church of Queensland, Fairholme College Toowoomba T/A Fairholme College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established