DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Billanook College Ltd
(AG2017/6434)

BILLANOOK COLLEGE LTD (EDUCATIONAL SERVICES STAFF) ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2018

Application for approval of the Billanook College Ltd (Educational Services Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Billanook College Ltd (Educational Services Staff) 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

The matter before the Fair Work Commission involved an application for the approval of the Billanook College Ltd (Educational Services Staff) Enterprise Agreement 2018. The applicant, Billanook College Ltd, sought the Commission’s approval of the agreement, which had been negotiated with the relevant unions representing the college’s educational services staff. The dispute centred around the terms and conditions of employment as stipulated in the proposed agreement, including matters such as wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being a "better off overall test" (BOOT) agreement. Specifically, the Commission needed to determine if the agreement provided employees with conditions that were at least as good as those provided under the relevant award or previous agreement, and if it met the procedural requirements for approval. Additionally, the Commission assessed whether the agreement contained any provisions that were contrary to public policy or were otherwise unlawful.

In reaching its decision, the Commission examined the provisions of the agreement in detail. It noted that the agreement provided for a wage increase and contained provisions that were consistent with the objectives of the Fair Work Act. The Commission found that the agreement satisfied the BOOT requirement as it offered employees better conditions compared to the previous agreement. Furthermore, the Commission was satisfied that the agreement complied with all legal requirements and did not contain any unlawful provisions. Consequently, the Commission approved the Billanook College Ltd (Educational Services Staff) Enterprise Agreement 2018.

The Commission's final order was the approval of the enterprise agreement, which came into effect from the date of the decision. This decision affirmed the agreement as a legally binding document governing the employment conditions of the educational services staff at Billanook College Ltd.

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