DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suncoast Christian College
(AG2018/5105)

SUNCOAST CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 18 MARCH 2019

Application for approval of the Suncoast Christian College Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Suncoast Christian College Collective Enterprise 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 Suncoast Christian 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suncoast Christian College was the subject of an application before the Fair Work Commission for approval of its 2018 collective enterprise agreement. The applicants were the school and the Australian Education Union, while the respondents included the Australian Education Union Queensland and another union, arguing that the agreement did not comply with the Fair Work Act 2009.

The central legal issue the Commission had to address was whether the agreement met the requirements of the Fair Work Act, particularly focusing on whether the agreement had been made in the course of genuine and meaningful negotiations. The respondents contended that the agreement had not been genuinely negotiated, and therefore, it should not be approved.

The Fair Work Commission examined the evidence presented and found that there had been genuine and meaningful negotiations between the parties. The Commission took into account the processes followed, the willingness of the parties to engage in discussions, and the outcomes of the negotiations. It concluded that the agreement reflected the efforts of the parties to reach a fair and reasonable outcome. Therefore, the application for approval was granted, and the agreement was registered.

The Commission's decision was that the Suncoast Christian College Collective Enterprise Agreement 2018 was valid and could proceed to registration. The Commission found no basis to reject the agreement on the grounds that it had not been genuinely negotiated.

Suncoast Christian College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established