Billanook College Ltd

[2013] FWCA 2916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Billanook College Ltd
(AG2013/1053)

BILLANOOK COLLEGE LTD (TEACHERS) CERTIFIED AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 9 MAY 2013

Application for approval of the Billanook College Ltd (Teachers) Certified Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Billanook College Ltd (Teachers) Certified Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Independent Education Union of Australia (IEU) has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 16 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Billanook College Ltd is a private non-government school in Victoria, which sought approval of a certified agreement governing its teachers’ employment conditions. The Fair Work Commission was tasked with deciding whether the agreement complied with the Fair Work Act 2009. The respondents, including the Australian Education Union and the Independent Education Union of Australia, challenged the agreement on several grounds, including whether it adequately provided for minimum wages and the right to request flexible working arrangements.

The key legal issues before the Commission were whether the agreement provided for a proper safety net of minimum wages and whether it met the requirements for approval under the Fair Work Act. The respondents argued that the agreement failed to ensure the teachers received the minimum rates of pay, as required by the Act. They also claimed that the agreement did not adequately address flexible working arrangements, as it did not provide a clear process for teachers to request such arrangements and for the employer to respond. The Commission had to assess these claims and determine if the agreement was fair and reasonable in all its terms.

In evaluating the agreement, the Commission considered the broader context of the school's operations and the specific terms of the agreement. The Commission found that while the agreement did not explicitly state the minimum wage rates, it incorporated by reference the relevant award provisions, which set out the minimum rates. The Commission accepted that this indirect reference was sufficient to ensure compliance with the minimum wage requirements. Regarding flexible working arrangements, the Commission determined that the process outlined in the agreement was reasonable and adequate, as it provided a clear mechanism for teachers to request and for the school to consider such requests. The Commission concluded that the agreement met the necessary standards for approval.

The Fair Work Commission approved the Billanook College Ltd (Teachers) Certified Agreement 2013, finding it to be fair and reasonable in all its terms. The Commission determined that the agreement provided for a proper safety net of minimum wages and that it adequately addressed the right to request flexible working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established