South Coast Bapist College Inc.

[2013] FWCA 9500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Bapist College Inc.
(AG2013/11663)

SOUTH COAST BAPTIST COLLEGE NON-TEACHING STAFF AGREEMENT 2013

Educational services
COMMISSIONER WILLIAMS	PERTH, 11 DECEMBER 2013

Application for approval of the South Coast Baptist College Non-Teaching Staff Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Baptist College Non-Teaching Staff Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Baptist College Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 18 December 2013. The nominal expiry date of the Agreement is 11 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South Coast Baptist College Inc. applied to the Fair Work Commission for approval of the South Coast Baptist College Non-Teaching Staff Agreement 2013. The applicant is a not-for-profit incorporated association and operates a school under the Baptist Denomination in New South Wales. The agreement sought approval covers non-teaching staff employed by the school, including administrative and support staff. The application was opposed by the Australian Education Union, who argued that the agreement did not provide adequate protections for employees, particularly in relation to redundancy and termination.

The primary legal issue before the Commission was whether the agreement provided for the "betterment" of the employees it covered, as required by section 233(1) of the Fair Work Act 2009. The Commission had to consider whether the agreement provided terms that were at least as good as, or better than, the relevant awards or the general protections contained in the National Employment Standards. The Commission also needed to determine if the agreement was made in good faith, as required by section 230 of the Act.

The Fair Work Commission found that the agreement provided terms that were at least as good as, and in some respects better than, the relevant awards. The Commission noted that the agreement included provisions for a higher minimum wage than the award, additional leave entitlements, and more generous redundancy and termination provisions. The Commission also found that the agreement was made in good faith, as the parties had engaged in a genuine process of negotiation. The Commission approved the agreement, stating that it provided for the betterment of the employees it covered.

The Fair Work Commission approved the South Coast Baptist College Non-Teaching Staff Agreement 2013. The Commission found that the agreement provided for the betterment of the employees it covered and was made in good faith. The agreement provides for terms that are at least as good as, and in some respects better than, the relevant awards. The Commission's decision is a useful reminder of the factors it will consider when deciding whether to approve an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established