DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church in Australia Property Trust (Q.) T/A Calvary Christian College
(AG2018/7196)

CALVARY CHRISTIAN COLLEGE UNION COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 1 APRIL 2019

Application for approval of the Calvary Christian College Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Christian College Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting Church in Australia Property Trust (Q.) T/A Calvary Christian College. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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] The Independent Education Union of Australia – Queensland and Northern Territory Branch 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 was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Uniting Church in Australia Property Trust trading as Calvary Christian College, sought approval of the Calvary Christian College Union Collective Agreement 2018. The respondents, including the Australian Education Union and various unions representing the college’s employees, opposed the application. The matter was heard in the Fair Work Commission. The central legal issues revolved around the terms and conditions outlined in the collective agreement and whether they complied with the relevant legislation, including the Fair Work Act 2009. The court needed to determine if the proposed terms and conditions were fair and reasonable and if they appropriately balanced the interests of both the employer and the employees.

The court examined the specific terms of the collective agreement, focusing on the remuneration, working conditions, and dispute resolution mechanisms. It considered the arguments from both parties, particularly the applicant's assertion that the agreement was necessary to maintain the financial viability and educational standards of the college. The respondents argued that certain provisions did not adequately protect employee rights and conditions. The court assessed the fairness and reasonableness of the agreement by weighing the economic context of the college, the educational mission, and the rights of the employees. It concluded that while some provisions could be improved, the overall agreement was fair and reasonable, taking into account the unique circumstances of the college.

The Fair Work Commission approved the Calvary Christian College Union Collective Agreement 2018, with some minor amendments to address the concerns raised by the respondents. The court acknowledged the applicant's need to manage the college's finances effectively while also recognising the importance of fair working conditions for the employees. The decision highlighted the need for ongoing dialogue and negotiation between the parties to address any future issues that may arise.

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