DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Trade College North Brisbane Ltd
(AG2018/7163)

AUSTRALIAN TRADE COLLEGE - NORTH BRISBANE STAFF ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 JULY 2019

Application for approval of the Australian Trade College - North Brisbane Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Trade College - North Brisbane Staff Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Trade College North Brisbane Ltd and its employees, represented by the United Voice union. The dispute centred on the approval of the Australian Trade College – North Brisbane Staff Enterprise Agreement 2019. The Commission was required to determine whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The central legal issues the Commission had to address were whether the agreement had been fairly negotiated and if it complied with the procedural and substantive fairness standards set out in the Act. The Commission had to examine whether the union had genuinely represented the employees, if there was sufficient consultation, and if the terms of the agreement were fair and reasonable.

The Commission reviewed the evidence presented by both parties and considered the process through which the agreement had been negotiated. It examined the union's representation of the employees and assessed if the bargaining was conducted in good faith. The Commission also evaluated if the agreement contained terms that were fair and reasonable, considering the economic and employment circumstances of the parties. After careful deliberation, the Commission found that the agreement had been fairly negotiated and that it complied with the necessary legal standards. The Commission concluded that the union had effectively represented the employees and that there had been adequate consultation during the bargaining process. The terms of the agreement were deemed to be fair and reasonable, taking into account the specific context of the parties.

As a result of the Commission's findings, the Australian Trade College – North Brisbane Staff Enterprise Agreement 2019 was approved. The decision was based on the conclusion that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission's decision ensures that the employees of the Australian Trade College North Brisbane Ltd will be governed by the terms of the approved enterprise agreement. This outcome provides certainty and stability for both the employer and the employees, and it reflects the Commission's commitment to upholding the principles of fair work in Australia.

Australian Trade College North Brisbane Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established