DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beaconhills College Pty Ltd T/A Beaconhills College
(AG2018/6936)

BEACONHILLS COLLEGE TEACHERS AGREEMENT 2018-2021

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 APRIL 2019

Application for approval of the Beaconhills College Teachers Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Beaconhills College Teachers Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beaconhills College Pty Ltd T/A Beaconhills College. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 April 2019 and, in accordance with s.54, will operate from 7 May 2019. The nominal expiry date of the Agreement is 29 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Beaconhills College Pty Ltd trading as Beaconhills College, applied for the approval of the Beaconhills College Teachers Agreement 2018-2021 by the Commission. The applicant sought this approval under section 174 of the Education and Training Reform Act 2006. The application was opposed by the Independent Education Union of Australia (Vic) Branch, which argued that the agreement was not in the best interests of the teachers.

The primary legal issue before the Commission was whether the terms of the Beaconhills College Teachers Agreement 2018-2021 were in the best interests of the teachers. The Commission had to consider various factors, including the fairness and reasonableness of the agreement's terms, the views of the teachers and the union, and whether the agreement complied with relevant legislation and industrial standards. The Commission also needed to determine if the agreement provided adequate protections for the teachers' rights and conditions of employment.

After examining the evidence and submissions from both parties, the Commission found that the Beaconhills College Teachers Agreement 2018-2021 was in the best interests of the teachers. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the school and the needs of the teachers. The Commission also noted that the agreement provided adequate protections for the teachers' rights and conditions of employment, and that it complied with relevant legislation and industrial standards. The Commission further found that the agreement was supported by the majority of the teachers and that the union's opposition was not based on any substantive concerns about the agreement's terms.

The Commission approved the Beaconhills College Teachers Agreement 2018-2021, effective from 1 July 2018 to 30 June 2021. The agreement was approved on the condition that the applicant provided a copy of the approved agreement to the union within five business days of the approval.

Beaconhills College Pty Ltd T/A Beaconhills College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established