Beaconhills College PtyLtd T/A Beaconhills College Summary

[2018] FWCA 89

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Beaconhills College PtyLtd T/A Beaconhills College

(AG2017/5793)

Beaconhills College General Staff Agreement 2017-2020

Educational services
Commissioner Lee	MELBOURNE, 5 JANUARY 2018

Application for approval of the Beaconhills College General Staff Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Beaconhills College General Staff Agreement 2017-2020 (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 PtyLtd T/A Beaconhills 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 12 January 2018. The nominal expiry date of the Agreement is 11 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

Beaconhills College Pty Ltd, trading as Beaconhills College, applied to the Fair Work Commission for approval of the Beaconhills College General Staff Agreement 2017-2020. The dispute involved the terms and conditions of employment for general staff members and was heard by the Fair Work Commission. The primary legal issue was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was consistent with the safety net of minimum entitlements, did not undermine the right of employees to engage in protected industrial action, and met the requirements for good faith bargaining.

The Commission examined the terms of the agreement and the process by which it was negotiated. It found that the agreement provided for minimum wage rates and conditions that complied with the safety net provisions. The Commission also concluded that the agreement did not unjustifiably undermine the right to protected industrial action, as it did not impose restrictive conditions on employees' ability to take such action. Additionally, the Commission considered the evidence of good faith bargaining and found that the agreement was the result of genuine negotiations between the employer and the employees' representatives.

In light of these findings, the Fair Work Commission approved the Beaconhills College General Staff Agreement 2017-2020. The Commission determined that the agreement was fair and reasonable, meeting all the statutory requirements for approval. The Commission also noted that the agreement provided a balanced approach to the interests of both the employer and the employees, reflecting the principles of the Fair Work Act. The final orders of the Commission were that the agreement be approved as a registered agreement under the Act, effective from the date of the decision.

Beaconhills College PtyLtd 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