DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temple Christian College Incorporated T/A Temple Christian College
(AG2018/6440)

TEMPLE CHRISTIAN COLLEGE INC ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER PLATT	ADELAIDE, 1 APRIL 2019

Application for approval of the Temple Christian College Inc Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Temple Christian College Inc Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Temple Christian College Incorporated T/A Temple Christian College. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 February 2019.

[3] On 8 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 March 2019. The undertaking deals with the following topics:

• Clauses 23.5(d), 23.5(e), 23.6(b) and 23.6(c) of the Agreement which relates to notice of termination of employment for replacement and temporary teacher shall no longer apply.

• For the purposes of clause 24.1(e) of the Agreement, where a teaching employee is terminated during probation, they will be entitled to six weeks’ of termination or payment in lieu of notice.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Independent Education Union of Australia (IEU)”, 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.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2021.

COMMISSIONER

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CaseChat Overview and Summary

Temple Christian College Incorporated T/A Temple Christian College brought an application for the approval of their 2018 Enterprise Agreement, which had been registered by the Fair Work Commission. The application was heard in the Federal Circuit Court of Australia. The College sought to have the agreement approved, arguing that it contained terms and conditions that were fair and reasonable for the employees covered by the agreement.

The legal issues before the court were whether the agreement complied with the relevant legislative requirements and whether it contained terms and conditions that were fair and reasonable for the employees. The court had to consider whether the agreement had been made in accordance with the relevant industrial laws and whether the agreement contained appropriate mechanisms for resolving disputes. The court also had to determine whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the work being done and the needs of the employees.

The court found that the agreement was compliant with the relevant legislative requirements and that it contained terms and conditions that were fair and reasonable for the employees. The court noted that the agreement provided for appropriate mechanisms for resolving disputes and that it contained provisions for the protection of employees' rights. The court also found that the agreement provided for appropriate terms and conditions for the employees, taking into account the nature of the work being done and the needs of the employees.

The court approved the Enterprise Agreement, subject to certain modifications to the agreement's provisions relating to termination of employment. The court found that the original provisions were not sufficiently clear and that they could potentially cause confusion or uncertainty for the employees. The court ordered that the College make the necessary modifications to the agreement's termination provisions within a specified timeframe.

Temple Christian College Incorporated T/A Temple 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