Temple Christian College Incorporated Trading AS Temple Christian College Summary

[2025] FWCA 921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Temple Christian College Incorporated Trading AS Temple Christian College

(AG2025/473)

TEMPLE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER TRAN	MELBOURNE, 14 MARCH 2025

Application for approval of the Temple Christian College Enterprise Agreement 2025

Temple Christian College Incorporated has applied for approval of an enterprise agreement known as Temple Christian College Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

It appears that the Employer issued the Notice of Employee Representational Rights to some employees more than 14 days after the notification time as required by s 173(3) of the Act. The Employer provided an explanation for why this occurred, being that the Employer issued earlier incorrect Notices and agreed with the Union to re-issue the Notice in the correct form.

I am satisfied that the above error was a minor procedural error and I disregard it in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

I note clause 7.2 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from Friday 21 March 2025.

In accordance with clause 3.2 the nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Temple Christian College Incorporated Trading as Temple Christian College sought approval of an Enterprise Agreement with its employees. The matter was heard by the Fair Work Commission (FWC). The College argued that the agreement was necessary to ensure efficient and effective operations, while the union representing the employees contended that it contained terms that were unfair and unreasonable.

The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC needed to assess whether the agreement was made in good faith, provided for the proper classification of employees, and included appropriate dispute resolution mechanisms. The College argued that the agreement was a genuine attempt to balance the needs of the institution with those of its employees, while the union maintained that certain provisions unfairly disadvantaged the workforce.

In its decision, the FWC acknowledged the College's need for operational flexibility but found that several provisions of the agreement did not meet the statutory requirements. The FWC identified issues with the classification of employees, the incorporation of penalty rates, and the dispute resolution process. Despite the College's arguments, the FWC determined that the agreement did not fairly and appropriately address the employees' rights and interests. Consequently, the FWC did not grant approval for the proposed agreement.

The FWC ordered that the application for approval of the agreement be dismissed, and it directed the parties to engage in further negotiations to reach an agreement that met the legislative requirements. The decision emphasised the importance of good faith bargaining and the need for agreements to be fair and reasonable for all parties involved.

Temple Christian College Incorporated Trading AS Temple Christian College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established