DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Baptist College Incorporated T/A South Coast Baptist College
(AG2018/1475)

SOUTH COAST BAPTIST COLLEGE NON-TEACHING STAFF AGREEMENT 2018

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 JANUARY 2019

Application for approval of the South Coast Baptist College Non-Teaching Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Baptist College Non-Teaching Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Coast Baptist College Incorporated T/A South Coast Baptist 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 4 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, South Coast Baptist College Incorporated, trading as South Coast Baptist College, applied to the Fair Work Commission for the approval of the South Coast Baptist College Non-Teaching Staff Agreement 2018. The dispute arose because the applicant sought to alter the employment conditions of its non-teaching staff in a way that the union representing the employees, the National Tertiary Education Union, contested. The matter was heard by the Commission in Sydney, presided over by Commissioner S. C. Harper.

The central legal issues before the Commission were whether the proposed changes to the employment conditions of the non-teaching staff were reasonable and whether they complied with the Fair Work Act 2009. The Commission had to consider the balance between the applicant's right to manage its business and the rights of the employees as outlined in the Act. The key points of contention were the changes to the classification of roles, remuneration, and the reduction of some employee entitlements.

Commissioner Harper examined the evidence presented by both parties, taking into account the economic context, the nature of the work, and the impact of the proposed changes on the employees. The Commission concluded that the changes were reasonable and in line with the statutory framework. The proposed agreement was approved, as it provided adequate protections for the employees while allowing the applicant to implement necessary changes to its operations.

The Fair Work Commission approved the South Coast Baptist College Non-Teaching Staff Agreement 2018, with the decision taking effect from the date of the approval. The agreement was to be registered with the Fair Work Commission, and it would govern the employment conditions of the non-teaching staff for the specified period. The union's right to object to the approval was preserved, and the employees' rights under the agreement were protected.

South Coast Baptist College Incorporated T/A South Coast Baptist College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established