Australian Trade College - North Brisbane Ltd Summary

[2016] FWCA 647

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Trade College - North Brisbane Ltd

(AG2015/7056)

AUSTRALIAN TRADE COLLEGE - NORTH BRISBANE STAFF

ENTERPRISE AGREEMENT 2015

Educational services

COMMISSIONER LEE

MELBOURNE, 2 FEBRUARY 2016

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

Agreement 2015.

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

Australian Trade College - North Brisbane Staff Enterprise Agreement 2015 (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] 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.
[2016] FWCA 647

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

9 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Trade College - North Brisbane Ltd applied for approval of the Australian Trade College - North Brisbane Staff Enterprise Agreement 2015. The application was made under the Fair Work Act 2009. The agreement is intended to cover staff of the College and was proposed by the Independent Education Union of Australia, which is a recognised bargaining representative. The application was assessed by Commissioner Lee, who concluded that all relevant requirements for approval were met.

The court was required to determine whether the proposed agreement met all the legal requirements for approval under the Fair Work Act. Specifically, it had to consider whether the agreement fulfilled the criteria set out in sections 186, 187, and 188 of the Act, and whether the agreement was properly made and covered the relevant organisation. Additionally, the court had to verify that the Independent Education Union of Australia, as a bargaining representative, had given notice that it wanted the agreement to cover it, and that the agreement appropriately covered the organisation.

Commissioner Lee found that the application met all necessary criteria for approval. The agreement was deemed to appropriately cover the staff of the Australian Trade College - North Brisbane Ltd, and the union's notice was acknowledged. The agreement was approved and set to operate from 9 February 2016, with a nominal expiry date of 31 December 2018. The Commissioner's decision confirmed the validity and applicability of the agreement, ensuring it met all legislative requirements for implementation.

The Australian Trade College - North Brisbane Staff Enterprise Agreement 2015 was approved and will operate from 9 February 2016. The agreement's nominal expiry date is set for 31 December 2018.

Australian Trade College - North Brisbane Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established