Temple Christian College Inc Summary

[2016] FWCA 650

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Temple Christian College Inc T/A Temple Christian College

(AG2015/7703)

TEMPLE CHRISTIAN COLLEGE INC ENTERPRISE AGREEMENT

2015

Educational services

COMMISSIONER ROE

MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Temple Christian College Inc Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Temple Christian College Inc Enterprise Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temple

Christian College Inc T/A Temple Christian 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, 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[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) I note that the Agreement covers the organisation.
[2016] FWCA 650

[5] The Agreement was approved on 2 February 2016 and, in accordance with s.54, will

operate from 9 February 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 650

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Temple Christian College Inc T/A Temple Christian College applied for the approval of its 2015 Enterprise Agreement. The application was heard by Commissioner Roe of the Fair Work Commission and the decision was made on 2 February 2016. The agreement was approved and set to operate from 9 February 2016 with a nominal expiry date of 31 October 2018.

The legal issues before the court centred on whether the application met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, including whether the group of employees was fairly chosen. The Independent Education Union of Australia had also given notice under section 183 of the Act that it wanted the Agreement to cover it, which was noted in accordance with section 201(2) of the Act.

The court was satisfied that the application met the requirements of the Fair Work Act 2009 and that the undertakings provided by the applicant would not cause financial detriment to any employee covered by the Agreement. The court also found that the group of employees was fairly chosen and that the Agreement covered the organisation. As a result, the Agreement was approved and set to operate from 9 February 2016 with a nominal expiry date of 31 October 2018.

In conclusion, the Fair Work Commission approved the Temple Christian College Inc Enterprise Agreement 2015 on 2 February 2016, subject to the undertakings provided by the applicant. The Agreement will operate from 9 February 2016 and will expire on 31 October 2018. The court found that the application met the requirements of the Fair Work Act 2009 and that the group of employees was fairly chosen. The Agreement also covers the Independent Education Union of Australia.

Temple Christian College Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established