DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College
(AG2015/5758)

LAKE JOONDALUP BAPTIST COLLEGE INC. EDUCATION ASSISTANTS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lake Joondalup Baptist College Inc. Education Assistants Enterprise 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 of the Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC). The parties involved were the College, represented by its principal, and the Australian Education Union (AEU), acting on behalf of the College’s education assistants.

The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 (Cth), specifically whether it was a "single enterprise agreement" and whether it complied with the "better off overall test" (BOOT). The FWA mandates that an agreement be approved if it is a genuine enterprise agreement, it is a single enterprise agreement, and it meets the BOOT. The College argued that the agreement was a genuine enterprise agreement and that it met the BOOT. The AEU contested that the agreement did not meet the requirements of the FWA, arguing that it was not a genuine enterprise agreement and did not meet the BOOT.

The FWC determined that the agreement was a genuine enterprise agreement and met the BOOT. The Commission found that the agreement was negotiated in good faith and was not made under duress or coercion. Regarding the BOOT, the FWC concluded that the agreement provided education assistants with a range of benefits, including wage increases and improved working conditions, which outweighed any detriments. The FWC also noted that the agreement addressed various issues pertinent to the workforce, such as hours of work, leave entitlements, and professional development opportunities.

The FWC approved the Lake Joondalup Baptist College Inc. Education Assistants Enterprise Agreement 2015. The approval was subject to specific conditions, including the requirement for the College to provide a copy of the agreement to the FWC within 14 days of approval. The AEU was granted leave to appeal the decision, but the College’s application for approval was ultimately successful.

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