The Baptist Union of Queensland - Carinity - [2022] FWCA 3508

[2022] FWCA 3508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Baptist Union of Queensland - Carinity

(AG2022/3920)

Carinity Schools Enterprise Agreement 2021

Educational services
COMMISSIONER SPENCER	BRISBANE, 10 OCTOBER 2022

Application for approval of the Carinity Schools Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Carinity Schools Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Baptist Union Queensland - Carinity (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Independent Education Union of Australia – Queensland and Northern Territory Branch (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) I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Baptist Union of Queensland sought approval for the Carinity Schools Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, where the union argued that the agreement should be approved, while the applicant opposed it, citing various concerns regarding the agreement's provisions. The central issue before the court was whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The court was required to consider several factors, including whether the agreement was free from prohibited content, provided for a proper process for the resolution of disputes, and was genuinely negotiated. Additionally, the court had to determine whether the agreement contained terms that were contrary to public policy or inconsistent with any provisions of the Fair Work Act. The court found that the agreement met all the necessary criteria and was therefore eligible for approval.

In its reasoning, the court noted that the agreement had been negotiated in good faith and contained no terms that were contrary to public policy. The court also found that the agreement provided for an effective process for the resolution of disputes and did not contain any prohibited content. The court concluded that the agreement was compliant with the requirements of the Fair Work Act and granted approval for the Carinity Schools Enterprise Agreement 2021. The court ordered that the agreement be registered and enforceable as of the date of the decision.

The Baptist Union of Queensland - Carinity

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established