DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aitken College
(AG2015/7700)

AITKEN COLLEGE AGREEMENT 2016-2018

Educational services
COMMISSIONER ROE	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Aitken College Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Aitken College Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aitken 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Aitken College, sought approval from the Fair Work Commission for the Aitken College Agreement 2016-2018. The dispute arose from negotiations between Aitken College and its employees, represented by a union, regarding the terms and conditions of employment for the period specified. The Commission was tasked with determining whether the agreement was in the public interest and should be approved under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement met the requirements for public interest approval and whether it provided fair and reasonable terms for employees. This included scrutiny of the proposed changes to employee wages, working conditions, and other employment terms, as well as ensuring that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

The Commission considered the principles of fairness and reasonableness, along with the public interest, in its evaluation of the agreement. It found that the proposed terms and conditions were fair and reasonable, providing adequate protection and benefits for employees. The Commission also concluded that the agreement would not have an adverse effect on the broader public interest. Consequently, the Commission approved the Aitken College Agreement 2016-2018, finding it to be in the public interest and suitable for endorsement.

Aitken College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established