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

[2018] FWCA 967

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/5927)

Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement 2018

Educational services
Commissioner Lee	MELBOURNE, 13 FEBRUARY 2018

Application for approval of the Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Education Assistants Enterprise 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, applied for the approval of its Education Assistants Enterprise Agreement 2018, which was opposed by a number of individuals employed by the College. The matter was heard by the Fair Work Commission (FWC). The central issue before the FWC was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for fair and reasonable terms and conditions, was consistent with the relevant national employment standards, and was free from any unlawful provisions.

The FWC examined the application in detail, taking into account the submissions from both parties and the evidence presented. The Commission found that the agreement contained provisions that did not meet the required standards. While the agreement addressed many aspects of employment fairly, it contained several clauses that the FWC deemed to be unfair or inconsistent with national employment standards. The FWC determined that these provisions warranted refusal of approval under section 234 of the Fair Work Act. The College's application was thus dismissed.

In conclusion, the Fair Work Commission did not approve the Education Assistants Enterprise Agreement 2018. The Commission's decision hinged on the identification of specific clauses that failed to meet the statutory criteria for fair and reasonable terms. The FWC ordered that the agreement be returned to the parties for amendment and resubmission if they wished to seek approval again.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established