DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hills Christian Community School Inc
(AG2017/6030)

THE HILLS CHRISTIAN COMMUNITY SCHOOL ENTERPRSE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 3 APRIL 2018

Application for approval of the Hills Christian Community School Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hills Christian Community School Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Hills Christian Community School Inc. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[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 10 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hills Christian Community School Inc was the applicant in the Fair Work Commission, seeking approval of the Hills Christian Community School Enterprise Agreement 2017. The dispute arose from negotiations between the school and its employees regarding the terms and conditions of employment. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained terms that were contrary to the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement complied with the requirements for good faith bargaining and whether it contained terms that were contrary to public policy. The Commission also considered whether the agreement provided for adequate protections for employees, including minimum wages, leave entitlements, and other conditions of employment.

In its decision, the Commission examined the agreement in detail, considering submissions from both the applicant and the employees' representatives. The Commission found that the agreement was largely consistent with the statutory requirements for approval. It concluded that the agreement contained provisions that were contrary to public policy, as they provided for lower wages and reduced leave entitlements for certain employees. However, the Commission determined that these provisions did not undermine the overall fairness of the agreement and approved the agreement subject to certain modifications to address the identified issues. The Commission made orders approving the agreement with the specified modifications to ensure compliance with the Fair Work Act.

The Hills Christian Community School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established