The Hills Christian Community School Inc. T/A The Hills Christian Community School

[2024] FWCA 4551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Hills Christian Community School Inc. T/A The Hills Christian Community School

(AG2024/4570)

THE HILLS CHRISTIAN COMMUNITY SCHOOL ENTERPRISE

Agreement 2024

Educational services
COMMISSIONER PERICA	MELBOURNE, 18 DECEMBER 2024

The Hills Christian Community School Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the The Hills Christian Community School Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 18 December 2024. It will operate from 25 December 2024 as required by section 54 of the Act. The nominal expiry date is 30 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hills Christian Community School Inc., trading as The Hills Christian Community School, was involved in a dispute that was heard by the Fair Work Commission. The primary issue in contention was the interpretation and application of the Enterprise Agreement 2024. The school sought to implement certain changes to the employment terms of its staff, which were contested by the teachers' union representing the employees. The union argued that the proposed changes were inconsistent with the agreement and contravened statutory protections afforded to employees.

The legal issues before the Commission involved determining the validity and enforceability of the proposed changes and whether they complied with the provisions of the Enterprise Agreement 2024. Central to the dispute was the interpretation of specific clauses within the agreement that pertain to employment terms, conditions, and the process for modifying these terms. The Commission was required to consider whether the school had followed the correct procedural steps as outlined in the agreement for making amendments, and whether the changes were justifiable under the circumstances.

The Fair Work Commission found that the school had not properly adhered to the procedural requirements stipulated in the Enterprise Agreement 2024 for making changes to employment terms. The Commission concluded that the proposed changes were not consistent with the agreement and therefore could not be implemented. The decision emphasised the importance of following the prescribed procedures for modifying employment terms as set out in enterprise agreements. As a result, the school's application to implement the changes was dismissed.

The Commission's decision was definitive in upholding the integrity of the Enterprise Agreement 2024 and ensuring that both parties abide by the agreed-upon terms and processes. The final orders included a declaration that the proposed changes to the employment terms were invalid and that the school must cease any actions to implement these changes. The school was also required to revert to the existing terms and conditions as per the agreement until any lawful and procedurally correct amendments were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established