DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albury Wodonga Community College Limited
(AG2021/7969)

ALBURY WODONGA COMMUNITY COLLEGE ENTERPRISE AGREEMENT 2022 – 2025

Educational services
COMMISSIONER MATHESON	SYDNEY, 11 NOVEMBER 2021

Application for approval of the Albury Wodonga Community College Enterprise Agreement 2022 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the Albury Wodonga Community College Enterprise Agreement 2022 – 2025 (Agreement). The application was made by Albury Wodonga Community College Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clauses 45.1 and 7.1 of the Agreement, I am satisfied that the NES apply as a minimum standard to the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement have been sought. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(b) of the Act and clause 2.1 of the Agreement, will operate from 1 January 2022. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Albury Wodonga Community College Limited sought approval for the Enterprise Agreement 2022-2025, which was put forward for consideration by the Fair Work Commission. The college aimed to formalise terms and conditions of employment for its staff, and in doing so, presented an agreement that it claimed was fair and reasonable. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal standards set forth in the Fair Work Act 2009.

The central legal issue that the Fair Work Commission had to address was whether the proposed agreement satisfied the requirements of the Fair Work Act. Specifically, the Commission needed to assess if the agreement was procedurally sound and substantively fair and reasonable. Procedural fairness required that the agreement was negotiated in good faith, involved genuine consultation, and was supported by a majority of the affected employees. Substantive fairness involved examining whether the agreement provided for terms and conditions that were fair and reasonable, taking into account various factors such as industry benchmarks, economic conditions, and the specific circumstances of the employees.

After reviewing the evidence and submissions, the Fair Work Commission determined that the proposed agreement met all necessary criteria. The Commission found that the negotiation process was conducted in good faith, with appropriate consultation and support from the majority of the employees. The substantive terms of the agreement were also found to be fair and reasonable, taking into account industry standards, economic factors, and the specific needs of the college's staff. Consequently, the Commission approved the Enterprise Agreement 2022-2025.

The Fair Work Commission's decision was communicated in a formal written order, approving the Albury Wodonga Community College Enterprise Agreement 2022-2025. This order took effect on the date of the decision and established the agreed terms and conditions for the duration specified in the agreement. The approval was based on the Commission's finding that the agreement was both procedurally and substantively fair and reasonable, thereby complying with the requirements of the Fair Work Act.

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