Alta-1 College Ltd

[2016] FWCA 550

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alta-1 College Ltd t/a Alta-1 College

(AG2015/6924)

ALTA-1 COLLEGE TEACHERS’ ENTERPRISE AGREEMENT 2016

Educational services

COMMISSIONER GREGORY

MELBOURNE, 28 JANUARY 2016

Application for approval of the ALTA-1 College Teachers’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

ALTA-1 College Teachers’ Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alta-1

College Ltd t/a Alta-1 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

4 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Alta-1 College Ltd, the applicant sought approval for the ALTA-1 College Teachers’ Enterprise Agreement 2016 under the Fair Work Act 2009. The agreement, submitted by Alta-1 College Ltd trading as Alta-1 College, was a single enterprise agreement intended to govern the terms and conditions of employment for teachers within the educational services sector. The Commissioner, Gregory, was tasked with reviewing the application and determining whether the agreement met the necessary criteria for approval.

The primary legal issues that the court had to address were whether the agreement complied with sections 186, 187, and 188 of the Fair Work Act 2009, which outline the requirements for enterprise agreements. Additionally, the court had to consider whether the model consultation term prescribed by the Fair Work Regulations 2009 should be incorporated into the agreement as a term. The court also needed to ensure that the agreement adhered to the overall objectives and principles of the Fair Work Act, which includes promoting high levels of job security, protecting workers' rights, and encouraging cooperative and productive workplace relations.

After reviewing the application and the relevant sections of the Fair Work Act, the Commissioner concluded that the agreement met all the necessary requirements. The Commissioner was satisfied that the agreement complied with sections 186, 187, and 188 of the Act and that the model consultation term should be incorporated into the agreement as a term. Consequently, the Commissioner approved the ALTA-1 College Teachers’ Enterprise Agreement 2016, which will operate from 4 February 2016, with a nominal expiry date of 31 December 2017.

As the agreement was approved, it was determined to be legally binding on the parties involved. The Commissioner's decision to approve the agreement signifies that it aligns with the principles of the Fair Work Act and is likely to promote fair and productive workplace relations within the educational services sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established