Ballarat & Clarendon College

[2013] FWCA 4083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat & Clarendon College
(AG2013/6906)

BALLARAT & CLARENDON COLLEGE ENTERPRISE AGREEMENT 2013-2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 JUNE 2013

Application for approval of the Ballarat & Clarendon College Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat & Clarendon College Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The Independent Education Union of Australia, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 July 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ballarat & Clarendon College applied for the approval of the Enterprise Agreement 2013-2016. The agreement was negotiated between the College and its employees, represented by the National Tertiary Education Union. The College is an educational institution that provides vocational and higher education courses, while the Union represents the employees who work in various capacities at the College. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement contained the mandated minimum terms and conditions of employment, whether it was free from any illegality, and if it was fairly and properly negotiated. Additionally, the court needed to assess if the agreement provided for proper mechanisms for dispute resolution and if it complied with the good faith bargaining requirements stipulated by the Fair Work Act. The court also had to consider if the agreement was in the best interests of the employees and if it provided for adequate consultation and negotiation processes.

The Fair Work Commission found that the Enterprise Agreement contained all the required minimum terms and conditions and was free from illegality. The court concluded that the agreement was fairly and properly negotiated and complied with the good faith bargaining requirements. The Commission also found that the agreement provided for adequate mechanisms for dispute resolution and was in the best interests of the employees. The court noted that the consultation and negotiation processes were appropriate and that the agreement was properly drafted and presented to the employees. As a result, the Fair Work Commission approved the Ballarat & Clarendon College Enterprise Agreement 2013-2016.

The final orders of the court included the approval of the Enterprise Agreement 2013-2016 between Ballarat & Clarendon College and the National Tertiary Education Union, effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be given effect in accordance with the provisions of the Fair Work Act.

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Legal Principle Established