DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Q.) T/A The Lakes College
(AG2021/5314)

THE LAKES COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 JUNE 2021

Application for approval of The Lakes College Enterprise Agreement 2020.

[1] The Uniting Church in Australia Property Trust (Q.) T/A The Lakes College (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as The Lakes College Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 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 s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[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 that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 17 June 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust, trading as The Lakes College, sought approval of an enterprise agreement in the Fair Work Commission. The application was contested by the Australian Education Union. The nature of the dispute centred around the terms and conditions of employment for the college’s staff, specifically the provisions of the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness, and if the agreement provided for terms and conditions that were procedurally and substantively fair. The Commission also had to consider whether the agreement was in the best interests of the employees and if it complied with the process set out in the legislation for the approval of enterprise agreements.

The Fair Work Commission found that the agreement did meet the statutory requirements for approval. The Commission considered the evidence presented by both parties and concluded that the process for developing and finalising the agreement was fair and appropriate. It was determined that the terms and conditions set out in the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission approved the application, finding that the agreement was in the best interests of the employees and should be registered. The final orders were made in accordance with the Fair Work Act, granting approval to the enterprise agreement and directing its registration with the Commission.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established