The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College

[2018] FWCA 964

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College

(AG2017/5925)

Lake Joondalup Baptist College Inc. Operational School Staff Agreement 2018

Educational services
Commissioner Lee	MELBOURNE, 13 FEBRUARY 2018

Application for approval of the Lake Joondalup Baptist College Inc. Operational School Staff Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Operational School Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Lake Joondalup Baptist College Inc, trading as Lake Joondalup Baptist College, sought approval for its 2018 Operational School Staff Agreement from the Industrial Relations Commission of Western Australia. The agreement in question pertained to the terms and conditions of employment for the school's staff, including matters such as wages, hours of work, and other employment-related entitlements. The Commission was tasked with determining whether the proposed agreement met the legislative requirements and was in the best interest of the staff involved.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant sections of the Education (Pastoral) Act 1995 and the Education (Pastoral) (General) Regulations 2009, and whether it provided fair and reasonable terms for the employees. In particular, the Commission needed to assess whether the agreement adequately addressed the minimum standards prescribed by the legislation and if it provided for the protection of employees' rights and interests.

In reaching its decision, the Commission examined the provisions of the proposed agreement against the statutory requirements and considered submissions from both the applicant and the Department of Education. The Commission found that the agreement contained provisions that were consistent with the legislative framework and provided for fair and reasonable terms for the employees. The Commission was satisfied that the agreement met all necessary legislative requirements and provided adequate protection for the staff, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the Lake Joondalup Baptist College Inc Operational School Staff Agreement 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established