DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Lake Joondalup Baptist College Inc T/A Lake Joondalup Baptist College
(AG2015/5756)

THE LAKE JOONDALUP BAPTIST COLLEGE INC COLLECTIVE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of The Lake Joondalup Baptist College Inc Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the The Lake Joondalup Baptist College Inc Collective 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 applied to the Fair Work Commission for approval of their 2015 collective agreement. The dispute arose from a disagreement between the school and its employees regarding the terms and conditions of their employment. The application was heard by the Commission, presided over by Commissioner H M Marshall.

The central legal issue before the Commission was whether the collective agreement met the requirements set out in section 230 of the Fair Work Act 2009. This section stipulates that a certified agreement must provide for minimum rates of pay, conditions of employment, and other terms and conditions. The Commission had to determine if the agreement in question adequately fulfilled these requirements.

Commissioner Marshall found that the collective agreement did not adequately specify minimum rates of pay for some positions and lacked clarity in other conditions of employment. The Commissioner noted that the agreement was not comprehensive enough to ensure that employees were aware of their rights and obligations under the terms set out. As a result, the Commission refused to approve the agreement. The decision emphasised the need for clarity and comprehensiveness in collective agreements to protect the rights of employees and ensure compliance with the Fair Work Act.

The Commission's final order was that the application for approval of the collective agreement was dismissed. The school was directed to revise the agreement to address the identified deficiencies and resubmit it for approval. This decision highlights the importance of clear and detailed collective agreements in protecting the interests of both employers and employees.

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