DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albury Wodonga Community College Ltd
(AG2015/2611)

ALBURY WODONGA COMMUNITY COLLEGE (TEACHERS) ENTERPRISE AGREEMENT 2015 - 2017

Educational services
COMMISSIONER BISSETT	MELBOURNE, 15 MAY 2015

Application for approval of the Albury Wodonga Community College (Teachers) Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Albury Wodonga Community College (Teachers) Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tintern Schools. 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 22 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Albury Wodonga Community College (Teachers) Enterprise Agreement 2015-2017. The applicant, Albury Wodonga Community College Limited, sought to have the agreement approved under the Fair Work Act 2009. The application was contested by the Australian Education Union, which represented the teachers employed by the college.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it met the 'better off overall test' (BOOT) as stipulated in section 230 of the Act. The dispute primarily revolved around the adequacy of the proposed pay rates and conditions outlined in the agreement, with the union arguing that the terms did not sufficiently improve the overall conditions for the teachers.

The Commission, in its decision, carefully examined the evidence presented by both parties. It found that while the proposed agreement provided some improvements in certain areas, such as increased pay rates and enhanced leave provisions, it did not sufficiently demonstrate that the teachers would be better off overall. The Commission noted that the agreement fell short in addressing several critical issues raised by the union, including job security and workload management. Consequently, the application for approval was dismissed, as the agreement did not meet the statutory requirements for BOOT approval.

The Commission ordered that the application for approval of the Albury Wodonga Community College (Teachers) Enterprise Agreement 2015-2017 be refused, directing the parties to continue negotiations in good faith to reach an agreement that would satisfy the better off overall test.

Albury Wodonga Community College Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established