Beaconhills College Pty Ltd T/A Beaconhills College Summary

[2023] FWCA 683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beaconhills College Pty Ltd T/A Beaconhills College

(AG2023/343)

Beaconhills College General Staff Agreement 2023-2025

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 2 MARCH 2023

Application for approval of the Beaconhills College General Staff Agreement 2023-2025.

Beaconhills College Pty Ltd T/A Beaconhills College (the Employer) has made an application for approval of an enterprise agreement known as the Beaconhills College General Staff Agreement 2023-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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

The Notice of Employee Representational Rights provided to employees did not contain the content prescribed by the regulations. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A)(a) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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 declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 2 March 2023 and, in accordance with s.54, will operate from 9 March 2023. The nominal expiry date of the Agreement is 9 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Beaconhills College Pty Ltd, trading as Beaconhills College, applied for approval of the Beaconhills College General Staff Agreement 2023-2025, before the Fair Work Commission (FWC). The dispute was about whether the proposed agreement, which detailed the terms and conditions of employment for non-teaching staff, complied with the relevant provisions of the Fair Work Act 2009. The FWC, led by Commissioner Ryan, was tasked with determining the fairness and compliance of the proposed agreement with the statutory requirements.

The legal issues before the FWC included whether the proposed agreement provided for minimum rates of pay, leave entitlements, and other terms that met or exceeded the national minimum standards set out in the National Employment Standards. The FWC also had to consider if the agreement was in the best interests of the employees and whether it facilitated a fair and efficient workplace. A key issue was the balance between the rights of the employees and the operational needs of the college.

The FWC, after reviewing the evidence and submissions from both parties, concluded that the Beaconhills College General Staff Agreement 2023-2025 was fair and complied with the legislative requirements. The agreement was deemed to provide for terms that were at least equivalent to the National Employment Standards and was found to be in the best interests of the employees. The FWC approved the agreement, emphasising the importance of maintaining a fair and efficient workplace environment.

The final orders of the FWC included the approval of the Beaconhills College General Staff Agreement 2023-2025, effective from the date of the decision, ensuring that the terms of employment were legally compliant and beneficial to the employees.

Beaconhills College Pty Ltd T/A Beaconhills College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established