Ballarat & Clarendon College T/A Ballarat Clarendon College

[2022] FWCA 3306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ballarat & Clarendon College T/A Ballarat Clarendon College

(AG2022/3574)

Ballarat & Clarendon College Enterprise Agreement 2022-2026

Educational services
COMMISSIONER WILLIAMS	PERTH, 21 SEPTEMBER 2022

Application for approval of the Ballarat & Clarendon College Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Ballarat & Clarendon College Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat & Clarendon College T/A Ballarat Clarendon College. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 21 September 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Ballarat & Clarendon College, trading as Ballarat Clarendon College, applied to the Fair Work Commission for the approval of the Ballarat & Clarendon College Enterprise Agreement 2022-2026. The application was made under section 233 of the Fair Work Act 2009. The College sought to have the agreement, which governs the terms and conditions of employment for its employees, formally approved. The application was contested by the Australian Education Union (Vic), which raised concerns about the fairness and compliance of the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the procedural requirements for approval under the Fair Work Act and whether the agreement was fair and reasonable in all its terms. The Commission needed to assess whether the agreement was genuinely negotiated, whether it contained the necessary minimum entitlements, and whether it was free from any prohibited content such as terms that were coercive, discriminatory, or otherwise unfair.

The Commission found that the agreement was the product of genuine bargaining between the College and the union. It was satisfied that the College had complied with the statutory requirements for negotiation and consultation. The Commission also determined that the agreement contained all the required minimum entitlements and was free from any prohibited content. The proposed terms and conditions were deemed to be fair and reasonable, taking into account the specific circumstances of the College and its employees. The Commission approved the agreement, finding that it met the standards of fairness and reasonableness set out in the Fair Work Act.

The Commission's decision was made on the basis of the evidence and submissions presented by both parties. The final orders included the approval of the Ballarat & Clarendon College Enterprise Agreement 2022-2026, effective from the date of the Commission's decision. The agreement now governs the employment terms and conditions for the College's employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established