DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Lakes Christian College Ltd T/A The Lakes Christian College
(AG2015/2395)

LAKES CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 5 MAY 2015

Application for approval of the Lakes Christian College Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Lakes Christian College Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Lakes Christian College Ltd T/A The Lakes Christian College (the Employer).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Employer has sought to correct typographical errors in the Agreement. The correction is in relation to referencing inaccuracies. I am satisfied that the Agreement contains typographical errors in relation to the referencing and that it should be corrected pursuant to s.586 of the Act.

[4] In addition, undertakings were provided by the Employer in relation to the referencing inaccuracies within the Agreement. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 May 2015. The nominal expiry date of the Agreement is 11 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, The Lakes Christian College Limited trading as The Lakes Christian College applied for the approval of the Lakes Christian College Enterprise Agreement 2015. The application was made by the employer, and the relevant union, the Independent Education Union of Australia, did not oppose the application. The Fair Work Commission was required to decide whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms as required by section 233 of the Act and whether it complied with the provisions of the Act in relation to the bargaining process and the content of the agreement. The Commission noted that the agreement had been fairly and genuinely negotiated between the parties and that it contained all the mandatory terms, including those relating to minimum wages, classification of employees, and various other employment conditions.

The Commission found that the agreement was in accordance with the Act and was therefore approved. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it was consistent with the principles of the industrial relations system. The Commission also noted that the agreement contained provisions that went beyond the minimum requirements of the Act, such as provisions for dispute resolution and employee development.

The Commission approved the Lakes Christian College Enterprise Agreement 2015, subject to certain minor modifications to ensure compliance with the Act. The modifications related to the definition of "casual employee" and the calculation of penalty rates for shift work. The Commission considered these modifications to be minor and did not affect the overall fairness and reasonableness of the agreement.

The Lakes Christian College Ltd T/A The Lakes Christian College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established