DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Education Services Pty Ltd
(AG2017/1951)

BRISBANE EDUCATION SERVICES, ACADEMIC STAFF, GREENFIELDS ENTERPRISE AGREEMENT 2017 – 2021

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 30 JUNE 2017

Application for approval of the Brisbane Education Services, Academic Staff, Greenfields Enterprise Agreement 2017-2021.

[1] Brisbane Education Services Pty Ltd applies for approval of an greenfields agreement known as the Brisbane Education Services, Academic Staff, Greenfields Enterprise Agreement 2017 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Tertiary Education Industry Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the National Tertiary Education Industry Union and the Agreement covers this organisation.

[4] On 22 June 2017 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 7 July 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brisbane Education Services Pty Ltd applied to the Fair Work Commission for approval of the Brisbane Education Services, Academic Staff, Greenfields Enterprise Agreement 2017-2021. The applicant is a registered training organisation that provides vocational education and training in Queensland. The respondent is a trade union that represents the applicant's academic staff. The dispute arose when the union submitted the enterprise agreement for approval, and the applicant sought to have it approved as a low-paid enterprise agreement under section 229 of the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement satisfied the requirements of section 230 of the Fair Work Act, including the good faith bargaining requirement, and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it provided for the proper management of the workplace. The Commission also considered whether the agreement was in the best interests of the employees, having regard to the overall benefits and detriments to the employees.

The Commission found that the enterprise agreement satisfied the requirements of section 230 of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions of employment, including provisions for wages, leave, and other benefits. The Commission also found that the agreement provided for the proper management of the workplace, including provisions for the allocation of work and the resolution of workplace disputes. The Commission considered that the agreement was in the best interests of the employees because it provided for a fair and reasonable set of terms and conditions of employment and provided for the proper management of the workplace.

The Commission approved the enterprise agreement as a low-paid enterprise agreement under section 229 of the Fair Work Act. The approval is effective from the date of the decision and will remain in force until the end of the agreement period, being 30 June 2021, unless terminated earlier in accordance with the agreement or the law. The approval is subject to the conditions set out in the decision, including the requirement for the applicant to provide the union with certain information and the union's right to apply to the Commission for a review of the approval.

Brisbane Education Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established