Union files Fair Work dispute against Brindabella Christian College

The Canberra private school failed to pay superannuation to staff between March 2023 and February 2024 and was required to pay the unpaid compulsory contributions to the Tax Office.

Independent Education Union of Australia NSW/ACT branch deputy secretary David Towson said the school had not been able to assure staff that all salary sacrificed amounts for 2023 would be paid and that all of their superannuation entitlements would be paid on time in future.

"This issue at Brindabella has gone on for far too long now, and it's time to resolve it," Mr Towson said.

"Our members love working at Brindabella Christian College, but these ongoing matters undermine their confidence in the school's governance.

"The union has been in regular contact with the school over many months with the aim of ensuring our members are paid their correct entitlements, but the school has failed to meet the reassurances it gave us."

Brindabella Christian College did not respond to questions from The Canberra Times.

The school was required to pay the overdue compulsory super payments to the Tax Office, however the union said this did not include amounts that were salary sacrificed during that period and extra entitlements under the industrial agreement.

Under the multi-enterprise agreement for ACT Christian school staff, those who salary sacrificed 1 per cent of their salary were entitled to an extra 1 per cent superannuation contribution from their employers.

The matter has been listed for a conference in the Fair Work Commission on May 17. The commission will assist with conciliation between the parties.

Both parties would need to agree for the commission to arbitrate the matter, but if this fails the union is expected to ask the commission to make recommendations.

This would include paying superannuation monthly from April for six months then switching to a fortnightly schedule, paying the overdue salary-sacrificed and extra 1 per cent contributions with 10 per cent interest and consulting with staff about these matters.

The union would also push for an independent audit of the school's finances and payroll systems.

Mr Towson said the union had also written to federal Education Minister Jason Clare and ACT Education Minister Yvette Berry, asking them to take steps to resolve the situation.

"We look forward to a good outcome for our members in the near future," Mr Towson said.

The charity that runs the school, Brindabella Christian Education Limited, was found to be not fit and proper to operate a non-government school and had certain conditions placed on it following a hearing in the Administrative Appeals Tribunal in 2023.

One of the conditions was that superannuation was to be paid quarterly at a minimum by May 1, 2023.

A department of education spokesperson said the ACT Education Directorate had primary regulatory responsibility for registration and operation of schools.

The spokesperson said the department was monitoring the charity's compliance with the tribunal's orders and had written to the board reminding them of their legal responsibilities to receive Commonwealth recurrent funding.

"The department is working closely with the ACT Education Directorate to ensure [Brindabella Christian Education Limited] meets its legal requirements under the Commonwealth Act and regulations," the spokesperson said.

When the matter of unpaid superannuation came to light, the ACT's Registration Standards Advisory Board was asked to give further advice to the ACT Education Minister on any steps that should be taken under the new regulatory framework for non-government schools.

"The minister, [the board] and registrar are concerned if the staff of any school are not provided with their lawful entitlements on time," an ACT government spokesman said.

The ACT government spokesman said the deliberations of the board were confidential and the minister and registrar must follow procedural fairness under the ACT law.