Temple Christian College Incorporated T/A Temple Christian College, Independent Education Union of Australia Summary

[2021] FWCA 7170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temple Christian College Incorporated T/A Temple Christian College, Independent Education Union of Australia
(AG2021/8767)

TEMPLE CHRISTIAN COLLEGE INC ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 DECEMBER 2021

Application for approval of the Temple Christian College Inc Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Temple Christian College Inc Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the applicant, Temple Christian College Incorporated, trading as Temple Christian College, and the respondent, the Independent Education Union of Australia. The dispute centred on the approval of the Temple Christian College Inc Enterprise Agreement 2021, which was submitted to the Fair Work Commission for approval. The College sought approval of the agreement, while the Union argued that certain provisions of the agreement did not comply with the relevant industrial legislation. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The legal issues before the court were whether certain provisions of the enterprise agreement were in breach of the Fair Work Act 2009, specifically in relation to minimum wage rates, penalty rates, and other employment conditions. The Union argued that the agreement did not provide for adequate minimum wage rates and did not provide for appropriate penalty rates for certain types of work. The College, on the other hand, argued that the agreement was fair and reasonable, and complied with the relevant industrial legislation.

After considering the evidence and submissions from both parties, the Fair Work Commission found that certain provisions of the enterprise agreement did not comply with the Fair Work Act. Specifically, the Commission found that the agreement did not provide for adequate minimum wage rates for certain employees, and did not provide for appropriate penalty rates for certain types of work. The Commission also found that the agreement did not adequately address the issue of casual loading for casual employees. However, the Commission found that other provisions of the agreement were fair and reasonable, and did not breach the relevant industrial legislation. The Fair Work Commission approved the enterprise agreement with certain modifications to address the issues identified above.

The Fair Work Commission ordered that the Temple Christian College Inc Enterprise Agreement 2021 be approved, subject to certain modifications. These modifications included increasing the minimum wage rates for certain employees, providing for appropriate penalty rates for certain types of work, and addressing the issue of casual loading for casual employees. The College and the Union were directed to implement the modified agreement within a specified timeframe. The Union was also directed to withdraw its objections to the approval of the agreement.

Temple Christian College Incorporated T/A Temple Christian College, Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established