Braemar College

[2013] FWCA 1445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Braemar College
(AG2013/403)

BRAEMAR COLLEGE ENTERPRISE AGREEMENT 2013-2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 7 MARCH 2013

Application for approval of the Braemar College Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Braemar College Enterprise Agreement 2013-2015 (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, being a bargaining representative for the Agreement, 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 14 March 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

In the Fair Work Commission, the Braemar College sought approval of an Enterprise Agreement that it had negotiated with its teachers' union. The agreement aimed to set out the terms and conditions of employment for the teachers employed by the college from 2013 to 2015. The central legal issues revolved around whether the agreement complied with the statutory framework under the Fair Work Act 2009, particularly sections pertaining to the procedural fairness, minimum entitlements, and good faith bargaining. The Commission had to determine if the agreement met all the necessary statutory requirements and if it was made in good faith.

The Fair Work Commission examined the negotiation process and the content of the agreement to ensure compliance with the statutory provisions. It considered whether the college had engaged in good faith bargaining and whether the agreement provided for the minimum entitlements as required by law. The Commission also assessed if the agreement met the procedural fairness standards, ensuring that the union and the teachers had adequate opportunity to participate in the negotiation process. After reviewing the evidence and submissions, the Commission found that the negotiation process had been fair and that the agreement met all statutory requirements.

The Fair Work Commission approved the Braemar College Enterprise Agreement 2013-2015, concluding that it was fairly negotiated and complied with the necessary legal standards. The Commission found that the agreement was made in good faith and provided for all the required minimum entitlements. The Commission was satisfied that the negotiation process had been fair and that both parties had an adequate opportunity to participate. Consequently, the agreement was approved and will govern the employment conditions of the teachers at Braemar College for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established