Redcliffe Assembly T/A Mueller Community Church

[2025] FWCA 267

[2025] FWCA 267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redcliffe Assembly T/A Mueller Community Church

(AG2024/5096)

MUELLER COMMUNITY CHURCH: MUELLER COLLEGE LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2025-2027

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 22 JANUARY 2025

Application for approval of the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2025-2027

1. This decision deals with an application made for approval of an enterprise agreement known as the Mueller Community Church: Mueller College Limited Employee Collective Agreement 2025-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Redcliffe Assembly T/A Mueller Community Church (the Applicant). The Agreement is a single enterprise agreement.

1. Correspondence was sent to the Employer by my Chambers on 13 January 2024 raising a number of concerns including that the Agreement does not include:

a.vehicle allowance. The Employer advised that it is not reasonably foreseeable that employees covered by the Agreement will ever be required to drive their own vehicle for work purposes.

b.first aid allowance. The Employer advised that it employs nurses to perform first aid duties in the school and therefore the requirement for staff to perform first aid function is not reasonably foreseeable.

c.an on-call or a recall allowance. The Employer advised that it is not reasonably foreseeable that the circumstances which would otherwise trigger the payment of these allowances would ever arise.

d.tool allowance. The Employer advised that it is not reasonably foreseeable that the Employer would employ trades people and if they did, that they would provide them with the tools required.

I am consequently satisfied that per s. 193A(6A) of the Act apprenticeships are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Independent Education Union (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

1. The Agreement is approved and will operate from 29 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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