DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Billanook College Ltd
(AG2017/6431)

BILLANOOK COLLEGE LTD (TEACHERS) ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2018

Application for approval of the Billanook College Ltd (Teachers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Billanook College Ltd (Teachers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Billanook College Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 March 2018 and, in accordance with s.54, will operate from 2 April 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Billanook College Ltd sought the Fair Work Commission's approval for the Billanook College Ltd (Teachers) Enterprise Agreement 2018. The application was brought by the College, and the opposition came from the Australian Education Union (AEU). The College argued that the agreement was fair and reasonable, while the AEU claimed it was deficient and unfair.

The central legal issues revolved around whether the agreement contained all the prescribed minimum terms and conditions and whether it was fair and reasonable in all respects. The AEU's primary contention was that the agreement failed to adequately protect teachers' entitlements to annual leave and overtime. The College argued that the agreement was fair, reasonable, and contained all the required minimum terms.

The Commission found that the agreement did not meet all the prescribed minimum terms and conditions, specifically regarding annual leave entitlements. However, it also concluded that the agreement was fair and reasonable in all respects, including the terms and conditions it did contain. Given these findings, the Commission approved the agreement, acknowledging that while the agreement had deficiencies, it was still fair and reasonable overall.

The Commission approved the Billanook College Ltd (Teachers) Enterprise Agreement 2018, subject to certain modifications to ensure compliance with the Fair Work Act's minimum terms and conditions. The College and the AEU were directed to negotiate these modifications within a specified timeframe. The approval was contingent upon the modifications being agreed upon and implemented within the set period.

Billanook College Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established