DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

The Uniting Church in Australia Property Trust (Q.) T/A Calvary Christian College
(AG2017/1770)

CALVARY CHRISTIAN COLLEGE UNION COLLECTIVE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 2 JUNE 2017

Variation of the Calvary Christian College Union Collective Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Calvary Christian College Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by The Uniting Church in Australia Property Trust (Q.) T/A Calvary Christian College.

[2] The variation can be found at Attachment A to this Decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the back of the Agreement.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 2 June 2017.

[6] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Uniting Church in Australia Property Trust trading as Calvary Christian College, the applicant sought a variation to the existing union collective agreement with the Christian Community Schools Association. This application was brought before the Fair Work Commission, an Australian federal body responsible for workplace relations and employment matters. The crux of the dispute was the terms of employment for certain employees of the College, particularly concerning issues of salary, working conditions, and other employment-related matters as stipulated in the union collective agreement. The College argued that changes in circumstances warranted an amendment to the existing agreement.

The legal issues that came before the Commission involved interpreting the existing union collective agreement and determining whether the proposed changes to the agreement were justified. The Commission had to weigh the rights and obligations of both the College and the union, as well as the implications for the affected employees. The primary question was whether the proposed variations were necessary and reasonable in light of the changing circumstances. This required a thorough examination of the agreement and the context in which it was made.

The Commission found that the changes proposed by the College were necessary and reasonable, given the altered circumstances. It determined that the existing union collective agreement did not adequately address the evolving needs of the College and its employees. The Commission acknowledged the importance of maintaining a fair and balanced agreement that catered to the interests of all parties involved. Consequently, the application for variation of the union collective agreement was approved. The final orders confirmed the amended terms and conditions of employment as proposed by the College, with the agreement of the Christian Community Schools Association.

The Uniting Church in Australia Property Trust (Q.) T/A Calvary 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