Australian Trade College North Brisbane Ltd

[2022] FWCA 2411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Trade College North Brisbane Ltd

(AG2022/1834)

Australian Trade College North Brisbane Staff Enterprise Agreement 2022

Educational services
COMMISSIONER SIMPSON	BRISBANE, 19 JULY 2022

Application for approval of the Australian Trade College North Brisbane Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Trade College North Brisbane Staff Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Trade College North Brisbane Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 11 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Trade College North Brisbane Ltd, sought approval of the Australian Trade College North Brisbane Staff Enterprise Agreement 2022. The applicant argued that the agreement was appropriate for approval because it complied with all relevant legislative requirements and had been negotiated in good faith. The Fair Work Commission heard the application.

The main legal issue before the Commission was whether the applicant had satisfied its burden of proving that the agreement was appropriately negotiated in accordance with the Fair Work Act 2009. Specifically, the Commission had to determine whether the applicant had taken reasonable steps to reach an agreement, and whether any issues that arose during negotiations were handled appropriately.

The Commission found that the applicant had satisfied its burden of proving that the agreement was appropriately negotiated. The Commission noted that the applicant had taken reasonable steps to reach an agreement, and that any issues that arose during negotiations were handled in a fair and reasonable manner. The Commission also found that the agreement contained all the required terms and conditions, and that it complied with all relevant legislative requirements. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Australian Trade College North Brisbane Staff Enterprise Agreement 2022. The Commission found that the applicant had appropriately negotiated the agreement, and that it contained all the required terms and conditions. The Commission also found that the agreement complied with all relevant legislative requirements, and that it was in the best interests of the employees and the employer. The Commission's approval of the agreement means that it can now be implemented and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established