Southern Vales Christian College Inc. Summary

[2025] FWCA 1055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Southern Vales Christian College Inc.

(AG2025/504)

SOUTHERN VALES CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER CONNOLLY	MELBOURNE, 27 MARCH 2025

Application for approval of the Southern Vales Christian College Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Southern Vales Christian College Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Southern Vales Christian College Inc. (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 March 2025.

The notification time for the Agreement under s.173(2) was 13 March 2024 and the Agreement was made on 21 February 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 18 March 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 20 March 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) that responded, supported the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 18 February 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2026.

COMMISSIONER

ANNEXURE A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

Southern Vales Christian College Inc. was the subject of an application for the approval of an enterprise agreement, which was brought before the Fair Work Commission. The agreement, if approved, would govern the terms and conditions of employment for the college's employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees.

The court had to determine if the agreement was a "bare bones" agreement, meaning it did not provide for minimum terms and conditions as required by the Fair Work Act 2009. The court also had to consider if the agreement allowed for adequate consultation and negotiation between the college and the employees, and whether it contained terms that were fair and reasonable in all respects.

The court found that the agreement was not a "bare bones" agreement and that it provided for fair and reasonable terms and conditions for the employees. The court noted that the agreement had been developed through a process of genuine consultation and negotiation between the college and the employees. The court also found that the agreement contained terms that were fair and reasonable in all respects, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009.

The court's decision was final and binding, and the agreement was approved as a certified agreement. The modifications made by the court were to be implemented by the parties within the agreed timeframe. The college and the employees were now bound by the terms of the agreement, which would govern their employment relationship for the duration of the agreement.

Southern Vales Christian College Inc.

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established