DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canterbury College Ltd T/A Canterbury College
(AG2018/5440)

THE CANTERBURY COLLEGE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 APRIL 2019

Application for approval of The Canterbury College Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Canterbury College Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canterbury College Ltd T/A Canterbury College. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Independent Education Union of Australia (IEUA) 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 25 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Canterbury College Ltd, trading as Canterbury College, applied for the approval of The Canterbury College Agreement 2019. The application was brought before Commissioner R T M Greenwood. The dispute centred on the terms and conditions of employment for certain employees of the college, specifically those who were engaged in casual or part-time roles. The college sought to have the proposed agreement, which outlined various employment conditions, approved by the Commission.

The legal issues before the court were primarily concerned with whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The college argued that the agreement was fair and reasonable, while the objectors contended that certain provisions were not adequately protective of employee rights. The court needed to determine whether the agreement was consistent with the principles of the Act and whether it provided for terms and conditions that were fair and reasonable.

Commissioner Greenwood considered the submissions from both the college and the objectors, examining the terms of the proposed agreement in detail. The Commissioner noted that the agreement contained provisions for casual loading, penalties for non-compliance, and the handling of variations to work arrangements. After careful consideration, the Commissioner concluded that the agreement was fair and reasonable and had been made in good faith. The provisions for casual loading and penalties were deemed adequate, and the handling of variations to work arrangements was considered to be fair. The application for approval was therefore granted, and the Agreement was approved.

The final orders of the Commission included the approval of The Canterbury College Agreement 2019, effective from the date of the decision. The Commissioner's decision was made on the basis that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment for the affected employees.

Canterbury College Ltd T/A Canterbury College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established