Blackheath & Thornburgh College T/A Blackheath & Thornburgh College

[2022] FWCA 1926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Blackheath & Thornburgh College T/A Blackheath & Thornburgh College

(AG2022/1637)

Application for approval of the Blackheath & Thornburgh College Enterprise Agreement 2022-2024

Educational services
COMMISSIONER SPENCER	BRISBANE, 14 JUNE 2022

Application for approval of the Blackheath & Thornburgh College Enterprise Agreement 2022-2024

An application has been made for approval of the Blackheath & Thornburgh Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blackheath & Thornburgh College. The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3) I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Independent Education Union of Australia – Queensland and Northern Territory Branch, being bargaining representatives 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the applicant, Blackheath & Thornburgh College, sought approval of its Enterprise Agreement 2022-2024 from the Fair Work Commission. The dispute arose due to concerns about the fairness and reasonableness of the proposed agreement. The applicant argued that the agreement was necessary for the effective operation of its business, while opponents contended that certain provisions were unfair or unreasonable.

The central legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the process for making the agreement and the substantive fairness of its terms. The court had to assess whether the agreement was made in accordance with the relevant provisions of the Act and whether it was fair and reasonable in all its aspects.

The court considered the application process, which involved consultations between the applicant and relevant employee representatives. It examined the terms of the agreement, focusing on the fairness of provisions related to wages, working conditions, and other employment terms. The court also evaluated whether the agreement provided for a proper balance of interests between the employer and employees. Ultimately, the court found that the agreement was made in a manner compliant with the statutory requirements and that it was fair and reasonable overall.

In conclusion, the court granted approval for the Blackheath & Thornburgh College Enterprise Agreement 2022-2024. The court determined that the agreement was appropriately made and that its terms were fair and reasonable, thus meeting the necessary criteria under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established