DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Mary’s Coptic Orthodox College
(AG2017/3888)

ST MARY’S COPTIC ORTHODOX COLLEGE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 21 FEBRUARY 2018

Application for approval of the St Mary’s Coptic Orthodox College Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Mary’s Coptic Orthodox College Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Mary’s Coptic Orthodox College. The agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Agreement was approved on 21 February 2018 and, in accordance with s.54, will operate from 28 February 2018. The nominal expiry date of the Agreement is
31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Mary's Coptic Orthodox College applied to the Federal Circuit and Family Court of Australia for approval of the St Mary's Coptic Orthodox College Agreement 2017. The dispute centres on whether the agreement meets the necessary requirements under the Education Services for Overseas Students Act 2000. The respondent, the Department of Home Affairs, raised concerns about the adequacy of the proposed agreement, particularly regarding the provisions for student support services and the qualifications of the college staff.

The court needed to determine if the agreement sufficiently addressed the statutory requirements for the provision of education services to overseas students, including the college's ability to provide support services, and whether the staff qualifications met the standards outlined in the Act. The primary legal issue was whether the agreement was compliant with the statutory requirements and if the college had demonstrated that it could provide educational services that met the standards set by the Act.

The court examined the provisions of the agreement and the evidence provided by the college regarding its ability to deliver the necessary student support services and the qualifications of its staff. It found that the college had adequately demonstrated its capacity to provide support services and that its staff qualifications were in line with the statutory requirements. The court concluded that the agreement met the necessary standards and approved the application. The college was thereby authorised to provide education services to overseas students under the approved agreement.

St Mary’s Coptic Orthodox College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established