DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bendigo Student Association Inc
(AG2015/2407)

BENDIGO STUDENT ASSOCIATION INC. COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER WILSON	MELBOURNE, 19 JUNE 2015

Application for approval of the Bendigo Student Association Inc. Collective Agreement 2014.

An application has been made for approval of an enterprise agreement known as the Bendigo Student Association Inc. Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Bendigo Student Association Inc. The agreement is a single-enterprise agreement.

I have accepted the undertakings attached to this decision which have been given by the employer.

I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

The National Tertiary Education Union, 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 26 June 2015. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bendigo Student Association Inc. filed an application seeking approval of the Bendigo Student Association Inc. Collective Agreement 2014. The application was heard in the Fair Work Commission of Australia. The dispute centred on whether the proposed collective agreement met the necessary standards and criteria for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was made in good faith, was free from any coercion or undue influence, and did not undermine the rights of employees under the Act.

The central legal issues the court had to address included whether the agreement was genuinely negotiated between the employer and the employees' representative, and whether it provided adequate protections and benefits for the employees. Additionally, the court had to consider if the agreement complied with the requirements for fair and equitable terms, such as reasonable working hours, leave provisions, and dispute resolution mechanisms. The court also needed to ensure that the agreement did not negatively impact the employees' rights to freedom of association and protected industrial action.

The Fair Work Commission reviewed the submissions and evidence provided by the parties. After careful consideration, the Commission found that the agreement was made in good faith and met the necessary criteria for approval. The Commission noted that the agreement was the result of genuine negotiations and provided fair and reasonable terms for the employees. The agreement included provisions for working hours, leave, and dispute resolution, which were deemed to be equitable. The Commission concluded that the agreement did not undermine any rights of the employees and was in line with the objectives of the Fair Work Act. Consequently, the application for approval was granted, and the Bendigo Student Association Inc. Collective Agreement 2014 was approved.

Bendigo Student Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established