DECISION

Fair Work Act 2009
s.210—Enterprise agreementBlackheath and Thornburgh College

(AG2020/3563)

BLACKHEATH & THORNBURGH COLLEGE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2020

Application for variation of the Blackheath & Thornburgh College Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Blackheath & Thornburgh College Enterprise Agreement 2018 (the Agreement). The application was made by Blackheath and Thornburgh College pursuant to s 210 of the Fair Work Act 2009 (the Act).

[2] The variation amends clause 1.3 of the Agreement to extend its nominal life until 31 December 2021. The variation also amends Schedule 2 of the Agreement to insert an increase in wages and allowances, which will take effect from the first full pay period in 2021. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s 216 of the Act, the variation operates from 23 December 2020.

[6]

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Education Union to vary the Blackheath & Thornburgh College Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute centred on whether the proposed changes to the agreement were necessary to ensure that the wages and conditions of employees at the college were fair and reasonable. The college opposed the application, arguing that the changes would impose an undue financial burden on the institution.

The legal issues that the Fair Work Commission had to address included whether the proposed changes to the agreement would result in unfair and unreasonable terms and conditions for the employees, and whether the changes would impose an undue financial burden on the college. The Commission also had to consider whether the application was made in good faith and whether the college had been given an adequate opportunity to respond to the application.

In its decision, the Fair Work Commission found that the proposed changes to the agreement were necessary to ensure that the wages and conditions of employees at the college were fair and reasonable. The Commission also found that the changes would not impose an undue financial burden on the college. The Commission was satisfied that the application had been made in good faith and that the college had been given an adequate opportunity to respond to the application. As a result, the Fair Work Commission varied the agreement in accordance with the application.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements are fair and reasonable for both employers and employees. The Commission will consider a range of factors when deciding whether to vary an agreement, including the financial impact on the employer and the need to ensure that employees are not disadvantaged. Employers and employees should ensure that they are aware of their rights and obligations under enterprise agreements and seek legal advice if they are unsure about how to proceed.

Blackheath and Thornburgh College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established