A.B. Paterson College Ltd T/A A.B. Paterson College

[2024] FWCA 1644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A.B. Paterson College Ltd T/A A.B. Paterson College

(AG2024/1041)

A.B. PATERSON COLLEGE LTD COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 3 MAY 2024

Application for approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2024

A.B. Paterson College Ltd T/A A.B. Paterson College (the Employer) has made an application for the approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer also lodged a Form F1 seeking to vary the Agreement to correct or amend errors under s.218A of the Act. Parties sought to amend annual leave clause 6.1.2 to include the annual leave entitlement which applies to teachers that was omitted by mistake. The bargaining representatives submitted that the omission of an annual leave entitlement clause is an obvious error, defect or irregularity. The Independent Education Union (IEU) were in support of the application to vary the Agreement. I accept this variation.

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.

I note that clauses 4.5(e), 4.5.2(e), 4.7.9(a) and 6.1(a) are potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause at clause 1.5, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The IEU was a bargaining representative for the Agreement and 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 IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by A.B. Paterson College Ltd T/A A.B. Paterson College for the approval of their 2024 Collective Enterprise Agreement (CEA). The applicants sought to ensure the CEA met the requirements of the Fair Work Act 2009, particularly in terms of good faith bargaining and the provision of information to employees. The dispute centred on whether the agreement appropriately reflected the terms of employment and whether it was reached through fair and genuine negotiations.

The primary legal issue before the Commission was whether the CEA complied with the statutory requirements of the Fair Work Act, specifically in relation to the disclosure of information and the negotiation process. The Commission needed to determine if the applicants had fulfilled their obligations under the Act, including providing employees with necessary information and engaging in genuine bargaining. Another key aspect was whether the CEA contained terms that were fair and reasonable in light of the economic and social context.

In its decision, the Fair Work Commission found that the applicants had complied with the legislative requirements for good faith bargaining and the provision of information. The Commission noted that the applicants had made a genuine effort to negotiate with the relevant union and had provided comprehensive information to the employees. Furthermore, the terms of the CEA were deemed to be fair and reasonable, taking into account the economic environment and the specific circumstances of the college. Consequently, the Commission approved the CEA, finding it to be in accordance with the provisions of the Fair Work Act.

The Commission's final order was the approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2024, effective from the date of the decision. The applicants were directed to implement the approved agreement, ensuring it was brought to the attention of all relevant employees. The Commission also noted that ongoing compliance with the Fair Work Act would be expected, and any future disputes would be subject to the Commission's jurisdiction.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established