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

[2013] FWCA 7334

FAIR WORK COMMISSION

DECISION

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

Bialik College (Nominees) Pty Ltd T/A Bialik College
(AG2013/9312)

BIALIK COLLEGE AGREEMENT 2013 - 2016

Educational services
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Bialik College Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bialik College Agreement 2013-2016 (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] 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.

[3] The Independent Education Union Victoria Tasmania (the “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 Union.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2013. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

Bialik College (Nominees) Pty Ltd T/A Bialik College applied to the Fair Work Commission for approval of the Bialik College Agreement 2013-2016. The applicant is an employer that provides educational services and the respondent is an organisation representing teachers at the college. The dispute centred on the terms of the proposed agreement, which the parties intended to cover a three-year period. The commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement provided for a fair and reasonable minimum wages and conditions for employees, and whether the agreement included appropriate dispute resolution mechanisms. Additionally, the court had to consider whether the agreement contained terms that were not genuinely negotiated, or whether it had been entered into in a manner that was not genuinely free of coercion or undue influence.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It held that the agreement provided for fair and reasonable minimum wages and conditions for employees and included appropriate dispute resolution mechanisms. The commission also found that the agreement was genuinely negotiated and entered into without coercion or undue influence. Consequently, the commission approved the agreement, and it came into effect on the specified date.

The court ordered that the Bialik College Agreement 2013-2016 be approved and registered as a registered agreement under the Fair Work Act 2009. The decision was made on the basis that the agreement met all the legal requirements for approval and was in the best interests of the employees and the employer.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established