DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College
(AG2015/5757)

LAKE JOONDALUP BAPTIST COLLEGE INC. OPERATIONAL SCHOOL STAFF AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Lake Joondalup Baptist College Inc. Operational School Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Operational School Staff Agreement 2015 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College sought approval for the Operational School Staff Agreement 2015. The applicant, a private school in Western Australia, argued that the agreement met the criteria under the Education (General Provisions) Act 2006. The application was heard in the Industrial Relations Commission of Western Australia. The legal issues revolved around whether the proposed agreement was consistent with the relevant legislative framework, specifically the Education (General Provisions) Act 2006 and the Education (School Staff) Awards. The court had to determine if the agreement appropriately addressed the terms and conditions of employment for operational staff at the school, including pay rates, hours of work, leave entitlements, and other employment-related matters.

The court examined the proposed agreement in detail, considering the statutory requirements set out in the Education (General Provisions) Act 2006. It assessed whether the agreement provided fair and reasonable terms for the operational staff, and if it complied with the broader principles of industrial law. The applicant provided evidence and arguments supporting the agreement's alignment with legislative provisions and industrial standards. The court also considered submissions from the relevant unions and other stakeholders. After thorough deliberation, the commission concluded that the proposed agreement met the legislative criteria and was fair and reasonable. Consequently, the court approved the Operational School Staff Agreement 2015, allowing it to be implemented by the school.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established