DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church in Australia Property Trust (Q.) T/A The Lakes College
(AG2017/3563)

THE LAKES COLLEGE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 2 NOVEMBER 2017

Application for approval of The Lakes College Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Lakes College Enterprise Agreement 2017 (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 The Lakes College. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lakes College, trading as The Lakes College, an entity under the Uniting Church in Australia Property Trust, lodged an application for the approval of the Enterprise Agreement 2017. This was made under the Fair Work Act 2009, and the dispute was heard in the Fair Work Commission. The application involved a proposed agreement that sought to govern the employment terms and conditions of the employees at the college.

The central legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act, which pertains to the standards that must be met for an enterprise agreement to be approved. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the provisions of the Act, including the prohibition against unfair discrimination.

In evaluating the application, the Commission examined the submissions from both the applicant and the objecting party, the Independent Education Union of Australia (Vic Branch). The Commission considered the provisions of the agreement, the nature of the bargaining process, and the extent to which the agreement addressed the needs of both employers and employees. After careful consideration, the Commission found that the proposed agreement was fair and reasonable and did not contravene any provisions of the Act. Consequently, the Commission approved the application, allowing the Enterprise Agreement 2017 to be implemented.

The final orders of the Commission were that the Enterprise Agreement 2017, as submitted, be approved as a registered agreement under the Fair Work Act 2009. This decision was made effective from the date of the Commission's determination, ensuring that the terms and conditions of employment for the affected employees would be governed by the newly approved agreement.

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