DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat & Clarendon College
(AG2016/8065)

BALLARAT & CLARENDON COLLEGE ENTERPRISE AGREEMENT 2016-2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2017

Application for approval of the Ballarat & Clarendon College Enterprise Agreement 2016-2020.

[1] On 26 December 2016, Ballarat & Clarendon College (Applicant) made an application for approval of the Ballarat & Clarendon College Enterprise Agreement 2016-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Independent Education Union, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 March 2017. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER JOHNS

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Ballarat & Clarendon College, sought approval of their Enterprise Agreement 2016-2020 under the Fair Work Act 2009 (Cth) from the Fair Work Commission. The respondents, the Australian Education Union and the Victorian Secondary Teachers' Association, opposed the application on various grounds including the adequacy of pay rates and conditions, and the impact on job security. The Commission was tasked with determining whether the agreement met the requirements for approval as a certified agreement.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the Fair Work Act, and if it adequately protected the employees' interests, particularly in terms of remuneration and job security. The Commission had to consider whether the agreement met the 'better off overall test' and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the agreement and the submissions of both parties. It found that while some aspects of the agreement were contentious, the overall terms provided for fair and reasonable conditions of employment. The Commission concluded that the agreement met the better off overall test and did not adversely affect the employees' job security. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Ballarat & Clarendon College Enterprise Agreement 2016-2020, determining that it met the requirements under the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, satisfying the better off overall test, and did not negatively impact job security. The Commission's decision was based on a comprehensive assessment of the agreement's provisions and the arguments presented by both parties.

Ballarat & Clarendon College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established