DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.B. Paterson College Limited T/A A.B. Paterson College
(AG2019/4952)

A.B. PATERSON COLLEGE LTD COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT LAKE	BRISBANE, 7 FEBRUARY 2020

Application for approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2019 - approved - union approval - 3 year term.

[1] An application has been made for approval of an enterprise agreement to be known as the A.B. Paterson College Ltd Collective Enterprise Agreement 2019 (Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by A.B. Paterson College Limited T/A A.B. Paterson College (Applicant).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[4] The Independent Education Union of Australia (IEUA), being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 February 2020. The nominal expiry date of the Agreement is 14 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves A.B. Paterson College Limited, trading as A.B. Paterson College, and the relevant union, where the College sought approval for its Collective Enterprise Agreement (CEA) 2019. The Fair Work Commission (FWC) was tasked with determining whether the CEA should be approved, taking into account the statutory requirements and the interests of the employees and the employer. The FWC had to assess if the agreement met the necessary criteria for approval, including whether it provided for a fair and reasonable outcome for both parties and complied with relevant industrial laws.

The key legal issue before the FWC was whether the CEA 2019 met the statutory requirements for approval under the Fair Work Act 2009. This included examining if the agreement was made in good faith, whether it provided for a fair and reasonable outcome for the employees, and if it complied with the provisions of the Act and any relevant awards or agreements. Additionally, the FWC needed to consider the union's approval of the agreement, as well as the implications of the agreement's terms on the employees and the College.

In reaching its decision, the FWC noted that the CEA 2019 had been negotiated in good faith between the College and the union, and it contained provisions that were fair and reasonable for both parties. The FWC found that the agreement provided for appropriate wage increases, benefits, and working conditions, and it complied with the relevant industrial laws. The union's approval of the agreement was also taken into account, and the FWC was satisfied that the agreement met the necessary criteria for approval. Consequently, the FWC approved the CEA 2019 for a term of three years, from 1 July 2019 to 30 June 2022.

The FWC's final orders included the approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2019, effective from 1 July 2019 to 30 June 2022. The agreement was to apply to all employees covered by the agreement, and it would supersede any previous agreements or awards in relation to the terms and conditions of employment. The FWC's decision provided certainty for both the College and its employees, ensuring that the agreement would remain in force for the specified term.

A.B. Paterson College Limited T/A A.B. Paterson College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established