DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association for Parent Controlled Christian Schools at Brisbane T/A Westside Christian College
(AG2018/6172)

WESTSIDE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 APRIL 2019

Application for approval of the Westside Christian College Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Westside Christian College Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Association for Parent Controlled Christian Schools at Brisbane T/A Westside Christian College. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

<AE502861 PR706826>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Association for Parent Controlled Christian Schools at Brisbane Trading as Westside Christian College applied for approval of the Westside Christian College Collective Enterprise Agreement 2019. The respondent, the Department of Education, objected to the application on various grounds, including that the agreement did not comply with the requirements of section 231 of the Fair Work Act 2009. The Department also argued that the agreement was not sufficiently aligned with the national minimum standards set out in the Safety, Rehabilitation and Compensation (State) Award [No. 7].

The primary legal issue before the Commission was whether the Collective Enterprise Agreement met the statutory requirements for approval. This involved assessing whether the agreement contained all the prescribed terms and conditions, adhered to the national minimum standards, and was consistent with the broader framework of industrial relations law. Additionally, the Commission had to consider whether the agreement's provisions were fair and reasonable, taking into account the interests of both the employer and employees.

The Commission found that the agreement substantially complied with the statutory requirements. It determined that the agreement contained all the prescribed terms and conditions and was largely aligned with the national minimum standards. The Commission also concluded that the agreement was fair and reasonable, considering the specific context of the educational environment and the unique nature of the employment relationship within Christian schools. As a result, the Commission approved the Westside Christian College Collective Enterprise Agreement 2019.

No further orders were made by the Commission.

The Association for Parent Controlled Christian Schools at Brisbane T/A Westside 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