The Baptist Union Queensland - Carinity T/A Carinity Summary

[2025] FWCA 1087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Baptist Union Queensland - Carinity T/A Carinity

(AG2025/693)

CARINITY SCHOOLS ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 31 MARCH 2025

Application for approval of the Carinity Schools Enterprise Agreement 2024

The Baptist Union Queensland – Carinity T/A Carinity (the Employer) has applied for approval of an enterprise agreement known as the Carinity Schools Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 January 2024 and the Agreement was made on 26 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I note that the Agreement was lodged 16 days after the conclusion of the vote. Section 185 of the Act requires a bargaining representative for an agreement to lodge an application within 14 days of the agreement being made. There was therefore a delay of 2 days in lodgement of the application with the Commission.

I sought a response from the Employer, who explained that its services were affected by ex-Tropical Cyclone Alfred which impacted the South-East Queensland region during the 14-day timeframe for lodgement. The Employer submitted that it was therefore focused on preparing for and recovering from the weather event, which led to the late lodgement of the agreement approval application. The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, provided its view that the Employer acted in good faith in the timing of the application.

Having regard to the explanation provided by the Employer, I have determined to exercise by discretion under s.185(3)(b) of the Act to extend the time for lodgement of the application on the basis that it is fair to extend the period for lodgement.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

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

7 April 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of the Fair Work Commission, the applicant, Carinity, sought approval for a proposed Enterprise Agreement with the Baptist Union of Queensland, the respondent. The dispute centred around the terms and conditions of employment within the Carinity Schools Enterprise Agreement 2024. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement complied with the procedural requirements set out in the Act and whether it adhered to the provisions concerning minimum entitlements, pay equity, and procedural fairness. The Commission had to consider whether the agreement provided for appropriate consultation and whether the terms were fair and reasonable, taking into account various factors including the economic context, existing awards, and the bargaining positions of the parties.

The Commission found that the proposed agreement had been developed through a process that met the procedural requirements. The applicant had demonstrated adequate consultation with the respondent and had considered the existing awards and economic conditions. The Commission was satisfied that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits for the employees. Given this, the Commission approved the Carinity Schools Enterprise Agreement 2024, noting that it met the statutory criteria for endorsement.

The final orders included the approval of the proposed agreement, which will now form the basis of employment conditions between Carinity and the Baptist Union of Queensland. The agreement was to be registered with the Fair Work Commission and will be in effect from the date of approval.

The Baptist Union Queensland - Carinity T/A Carinity

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established