DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albury Wodonga Community College Limited
(AG2017/5440)

ALBURY WODONGA COMMUNITY COLLEGE (TEACHERS) ENTERPRISE AGREEMENT 2018 - 2021

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the Albury Wodonga Community College (Teachers) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Albury Wodonga Community College (Teachers) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Albury Wodonga Community College Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 February 2018 and, in accordance with s.54, will operate from 5 March 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Albury Wodonga Community College Limited, sought approval of the Albury Wodonga Community College (Teachers) Enterprise Agreement 2018-2021 before the Fair Work Commission. The college is an employer of teachers within the education sector, and the agreement in question outlined terms and conditions of employment for teachers employed by the college. The legal issues before the Commission involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith and for the purpose of creating a safety net of minimum terms and conditions, and whether it met the provisions regarding minimum rates of pay, maximum weekly hours, and other employment entitlements.

The Commission found that the enterprise agreement was made in good faith and for the purpose of creating a safety net of minimum terms and conditions. The agreement provided for minimum rates of pay and other entitlements in accordance with the provisions of the Fair Work Act. The Commission also considered that the agreement met the requirements of the Act in relation to maximum weekly hours and other employment conditions. The college had demonstrated that the agreement was necessary to accommodate the unique operational needs of the college, including the need to provide flexibility in the delivery of educational services.

The Fair Work Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for minimum rates of pay, maximum weekly hours, leave entitlements, and other employment conditions. The Commission also found that the agreement was necessary to accommodate the unique operational needs of the college, and that it provided a safety net of minimum terms and conditions for teachers employed by the college.

The Fair Work Commission approved the Albury Wodonga Community College (Teachers) Enterprise Agreement 2018-2021, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for minimum rates of pay, maximum weekly hours, leave entitlements, and other employment conditions. The Commission also found that the agreement was necessary to accommodate the unique operational needs of the college, and that it provided a safety net of minimum terms and conditions for teachers employed by the college. The Commission's approval of the enterprise agreement ensures that teachers employed by the college will have access to fair and reasonable terms and conditions of employment.

Albury Wodonga Community College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established