DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campion Institute Ltd T/A Campion College Australia
(AG2017/1742)

CAMPION COLLEGE AUSTRALIA ENTERPRISE AGREEMENT 2016 - ACADEMIC STAFF

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 JUNE 2017

Application for approval of the Campion College Australia Enterprise Agreement 2016 - Academic Staff.

[1] An application has been made for approval of an enterprise agreement known as the Campion College Australia Enterprise Agreement 2016 - Academic Staff (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Campion Institute Ltd T/A Campion College Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 1 June 2017 and, in accordance with s.54, will operate from 8 June 2017. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Campion Institute Ltd T/A Campion College Australia sought the Fair Work Commission's approval of the Campion College Australia Enterprise Agreement 2016 - Academic Staff. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 for being a single, integrated and coherent agreement. The respondent, the Tertiary Education Union of Australia, contended that the agreement failed to meet the criteria for singleness, integration and coherence, and thus should not be approved.

The primary legal issue was whether the agreement met the statutory requirements for approval as a single, integrated and coherent agreement. This involved an assessment of whether the agreement was unified in purpose, whether it contained only one agreement, and whether it was free from inconsistencies and ambiguities. The court also considered whether the agreement provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the agreement was indeed a single, integrated and coherent agreement. The court noted that the agreement was a comprehensive document that covered all aspects of employment for academic staff and was free from inconsistencies and ambiguities. The agreement also provided for a fair and reasonable outcome for all parties involved, including provisions for dispute resolution, consultation, and communication. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the Campion College Australia Enterprise Agreement 2016 - Academic Staff, finding it to be a single, integrated and coherent agreement. The court's decision was based on the comprehensive nature of the agreement, the absence of inconsistencies and ambiguities, and the fair and reasonable outcome it provided for all parties involved. The approval of the agreement ensures that the terms and conditions of employment for academic staff at Campion College Australia are governed by a legally binding and enforceable document.

Campion Institute Ltd T/A Campion College Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established