DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q.) T/A Shalom Christian College
(AG2015/7727)

THE SHALOM CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of The Shalom Christian College Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Shalom Christian College 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 Uniting Church in Australia Property Trust (Q.) T/A Shalom Christian 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.

[4] 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.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. 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 Uniting Church in Australia Property Trust (Q.) T/A Shalom Christian College applied to the Fair Work Commission for approval of the Enterprise Agreement dated 2015. The Fair Work Commission, in the person of Commissioner David Burnett, was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 for provisional approval. The dispute centred on whether the agreement provided for a fair and efficient workplace while maintaining the employer's operational flexibility.

The legal issues before the Commission were whether the provisions of the agreement met the "better off overall test" and whether the agreement was free from any prohibited content, including provisions that were not genuinely negotiated or which involved the improper exclusion of employees from the bargaining process. The Commission also needed to consider whether the agreement provided for fair and efficient processes for resolving workplace issues and whether it adequately protected employees' rights.

Commissioner Burnett found that the agreement was genuinely negotiated and did not contain any prohibited content. The agreement provided for a fair and efficient workplace, ensuring employees' rights were protected while also allowing the employer to maintain operational flexibility. The better off overall test was met, as the agreement provided employees with improvements in terms and conditions compared to their previous entitlements. The Commission provisionally approved the agreement, subject to certain conditions and the finalisation of a certified agreement.

The Fair Work Commission's decision provisionally approved the Enterprise Agreement dated 2015, subject to the finalisation of a certified agreement and the fulfilment of certain conditions. The provisional approval was granted on the basis that the agreement met the necessary criteria under the Fair Work Act 2009, including the better off overall test, and did not contain any prohibited content.

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