[2015] FWCA 8357

The attached document replaces the document previously issued with the above code on 4 December 2015.

1. To Correct the Agreement Title in the subject line and at paragraph 1.

David Cambridge

Associate to Commissioner Johns

Dated 4 December 2015.

[2015] FWCA 8357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Braemar College
(AG2015/6185)

BRAEMAR COLLEGE ENTERPRISE AGREEMENT 2016-2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Braemar College Enterprise Agreement 2016-2017.

[1] On 16 November 2015 Braemar College (Applicant) made an application for approval of the Braemar College Enterprise Agreement 2016-2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Braemar College, an educational institution, applied for the approval of the 2016-2017 Enterprise Agreement with its employees represented by the Australian Education Union. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval. The legal issues before the Commission were whether the agreement was made in good faith, was free from coercion and undue influence, and complied with the Fair Work Act 2009.

The Commission examined the process through which the agreement was negotiated and concluded that it had been made in good faith. It found that the union and the college had engaged in genuine negotiations and that the college had provided the union with all necessary information to facilitate meaningful discussions. The Commission also determined that the agreement was free from coercion and undue influence, noting that the union had acted independently and in the best interests of its members. Furthermore, the Commission held that the agreement complied with the statutory requirements of the Fair Work Act, including provisions relating to minimum entitlements and workplace rights.

Based on its findings, the Commission approved the 2016-2017 Enterprise Agreement between Braemar College and the Australian Education Union. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. The Commission emphasised the importance of ongoing dialogue and cooperation between the college and the union to ensure the effective implementation of the agreement and the continued provision of quality education to students.

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