DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alta-1 College Ltd t/a Alta-1 College
(AG2015/6923)

ALTA-1 COLLEGE OPERATIONAL STAFF ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the ALTA-1 College Operational Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ALTA-1 College Operational Staff 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] 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, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Alta-1 College Ltd trading as Alta-1 College for the approval of the ALTA-1 College Operational Staff Enterprise Agreement 2016. This application was heard by the Fair Work Commission (FWC). The primary dispute centres around whether the proposed enterprise agreement, which seeks to regulate employment terms and conditions for operational staff, meets the legal criteria for approval under the Fair Work Act 2009. The college contends that the agreement provides a fair and reasonable balance of benefits and obligations for both the employer and the employees.

The legal issues before the Commission included whether the agreement adequately covered all mandated bargaining terms, whether it complied with the 'better off overall test', and whether the process through which the agreement was negotiated was procedurally fair. The FWC needed to determine if the agreement met the statutory requirements for approval, which includes ensuring it provides for fair and reasonable terms and conditions and was negotiated in good faith.

The Fair Work Commission found that the ALTA-1 College Operational Staff Enterprise Agreement 2016 did meet the statutory requirements for approval. The Commission was satisfied that the agreement covered all mandated bargaining terms and provided for fair and reasonable terms and conditions for the employees. It was also satisfied that the agreement was negotiated in good faith and met the better off overall test, ensuring that no party was disadvantaged by the terms of the agreement. Consequently, the Commission approved the application, confirming the agreement as a valid and binding enterprise agreement under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the ALTA-1 College Operational Staff Enterprise Agreement 2016, which will now govern the employment terms and conditions for the operational staff of Alta-1 College. The decision was made effective from the date of the Commission's determination, providing legal certainty for both the college and its employees moving forward.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established