DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Braemar College Ltd T/A Braemar College
(AG2017/5621)

BRAEMAR COLLEGE ENTERPRISE AGREEMENT 2018 - 2020

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 5 MARCH 2018

Application for approval of the Braemar College Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Braemar College Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Braemar College Ltd T/A Braemar College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Braemar College Ltd, trading as Braemar College, a dispute arose concerning the approval of the proposed 2018-2020 Enterprise Agreement. The application for approval was heard by the Fair Work Commission, an Australian statutory body responsible for resolving workplace disputes. The matter involved the negotiation and ratification of an enterprise agreement that was intended to govern the terms and conditions of employment for the college's staff.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement was compliant with the relevant statutory requirements, including fairness and reasonableness, and whether it had been genuinely agreed upon by the parties involved. This required an examination of the bargaining process and the content of the agreement itself. The Commission needed to determine if the agreement met the necessary standards under the Fair Work Act 2009.

After considering the evidence presented by the parties, the Commission found that the proposed Enterprise Agreement was fair and reasonable. The bargaining process was deemed to be genuine, with both the employer and the employees participating in good faith. The terms of the agreement were also found to be within the scope of what could be reasonably expected in such an agreement. Consequently, the Commission approved the application for the Enterprise Agreement to be registered, thereby providing a legally binding framework for the employment conditions of the college's staff over the specified period.

Braemar College Ltd T/A Braemar College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established