DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bialik College (Nominees) Pty Ltd T/A Bialik College
(AG2017/4060)

BIALIK COLLEGE AGREEMENT 2017 - 2020

Educational services
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Bialik College Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bialik College 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 Bialik College (Nominees) Pty Ltd T/A Bialik College. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bialik College (Nominees) Pty Ltd T/A Bialik College sought approval from the Fair Work Commission for the Bialik College Agreement 2017 - 2020. The dispute centred on the application's compliance with the relevant legislative framework and its alignment with the Fair Work Act 2009's objectives. The Commission was required to determine whether the agreement met the necessary criteria, including its fairness, simplicity, and alignment with the principles of the Act.

The primary legal issues revolved around the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the standards set for enterprise agreements. The Commission needed to assess if the agreement provided adequate protections for employees, ensured a fair balance of rights and obligations between employers and employees, and adhered to the requirements for simplicity and accessibility. The dispute also touched upon the application's adherence to the principles of good faith bargaining and the potential impact on the workforce.

In delivering its decision, the Commission found that the Bialik College Agreement 2017 - 2020 met the necessary criteria for approval. The Commission acknowledged that the agreement was fair and balanced, providing appropriate protections for employees while also considering the interests of the employer. The Commission highlighted that the agreement was clear, simple, and accessible, meeting the requirements set out in the legislation. The Commission also noted that the agreement was the result of good faith bargaining, as evidenced by the process followed by the parties.

The Commission approved the Bialik College Agreement 2017 - 2020, setting out the terms and conditions of employment for the relevant employees. The decision underscored the importance of ensuring that enterprise agreements align with the objectives of the Fair Work Act 2009, providing fair and balanced outcomes for both employers and employees. The Commission's approval of the agreement demonstrates its satisfaction that the agreement meets the necessary legal standards and serves the interests of all parties involved.

Bialik College (Nominees) Pty Ltd T/A Bialik College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established