Aitken College Summary

[2013] FWCA 646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aitken College
(AG2012/13061)

AITKEN COLLEGE AGREEMENT 2013 - 2015

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 25 JANUARY 2013

Application for approval of the Aitken College Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aitken College Agreement 2013 - 2015 (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.

[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 1 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Aitken College seeking approval of the Aitken College Agreement 2013 - 2015. The respondents were the Australian Education Union and the National Tertiary Education Union. The dispute centred on whether the proposed agreement was in the best interests of the employees and met the criteria set out under the Fair Work Act 2009. The Commission, comprising of Deputy President Cowlrick, Commissioner Wood and Senior Member O’Rourke, was tasked with determining the validity of the agreement.

The legal issues before the Commission were whether the agreement was genuinely bargained, met the requirements of the good faith bargaining provisions, and was in the best interests of the employees. The unions argued that the agreement did not adequately address various employee concerns and did not meet the good faith bargaining requirements. The college, on the other hand, argued that the agreement was the result of genuine bargaining and was in the best interests of the employees. The Commission had to carefully consider the evidence presented by both parties to determine the validity of the agreement.

After considering the arguments and evidence presented by both parties, the Commission found that the agreement was genuinely bargained and met the requirements of good faith bargaining. The Commission noted that while there were some areas of concern raised by the unions, these were addressed in the agreement and it was in the best interests of the employees. The Commission approved the Aitken College Agreement 2013 - 2015, finding that it met the criteria set out under the Fair Work Act 2009. The decision was made in the interest of promoting a cooperative and productive workplace environment.

The final orders of the Commission were that the Aitken College Agreement 2013 - 2015 was approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 January 2013 to 31 December 2015. The decision provided certainty for both the college and the employees, allowing them to move forward with confidence in their workplace arrangements.

Aitken College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established