Carmichael College Ltd T/A Carmichael College

[2022] FWCA 1240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carmichael College Ltd T/A Carmichael College

(AG2022/686)

Carmichael College Limited Employee CollectiveAgreement 2022-2024

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 APRIL 2022

Application for approval of the Carmichael College Limited Employee Collective Agreement 2022-2024

Carmichael College Ltd T/A Carmichael College (the Employer) has made an application for approval of an enterprise agreement known as the Carmichael College Limited Employee Collective Agreement 2022-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 Independent Education Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 April 2022 and, in accordance with s 54, will operate from 14 April 2022. The nominal expiry date of the Agreement is 14 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Carmichael College Limited T/A Carmichael College revolved around the application for approval of the Employee Collective Agreement 2022-2024. The dispute centred on the terms and conditions of employment for the college's staff, as proposed in the agreement. The Commission had to determine whether the agreement complied with the Fair Work Act 2009, particularly in relation to minimum entitlements and the bargaining process.

The primary legal issue before the Commission was whether the Employee Collective Agreement met the requirements of the Fair Work Act, including the provision of minimum entitlements as stipulated by the relevant awards. Additionally, the Commission had to assess if the agreement was genuinely negotiated and if the process adhered to the statutory provisions for employee representation and participation. The college argued that the agreement was fair and reflected the needs of both the institution and its employees, while the employees' representative contended that certain terms did not meet the minimum standards and were not the product of genuine bargaining.

The Commission evaluated the agreement's compliance with the Fair Work Act, considering the submissions from both the college and the employees' representative. The Commission found that while most of the terms in the agreement were acceptable, some provisions did not meet the minimum entitlements set out in the relevant awards. However, the Commission also concluded that the overall agreement was the result of genuine bargaining efforts and was not unfair. Accordingly, the Commission approved the agreement with minor amendments to ensure compliance with the minimum standards. This decision balanced the need for fair and effective collective bargaining with the statutory requirement to protect employees' minimum entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established