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

[2018] FWCA 965

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/5926)

The Lake Joondalup Baptist College Inc Teachers Collective agreement 2018

Educational services
Commissioner Lee	MELBOURNE, 13 FEBRUARY 2018

Application for approval of The Lake Joondalup Baptist College Inc Teachers Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as The Lake Joondalup Baptist College Inc Teachers Collective 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, brought an application before the Fair Work Commission for approval of the Teachers Collective Agreement 2018. The agreement, which was entered into by the college and the Australian Education Union, sought to govern the terms and conditions of employment for teachers at the college. The college argued that the agreement was fair and reasonable and should be approved. The union supported the application, while the Department of Education opposed it on several grounds.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was fair and reasonable, and whether it complied with the provisions of the Act, including the requirement that it not permit terms and conditions that are less favourable than the applicable award or safety net award. The Commission also needed to consider whether the agreement appropriately balanced the interests of the college, the teachers, and the broader community.

In making its decision, the Commission considered the evidence and submissions from all parties. The Commission found that the agreement was fair and reasonable, and that it appropriately balanced the interests of the college, the teachers, and the broader community. The Commission also found that the agreement complied with the provisions of the Act, including the requirement that it not permit terms and conditions that are less favourable than the applicable award or safety net award. Accordingly, the Commission approved the agreement, subject to certain modifications to address the Department of Education's concerns.

The Commission's decision provides guidance to employers and unions on the requirements for approving a collective agreement. The decision also highlights the importance of balancing the interests of all parties in a collective agreement, and of ensuring that the agreement complies with the relevant legal provisions.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established