Cathedral College Wangaratta

[2013] FWCA 3067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cathedral College Wangaratta
(AG2013/1078)

CATHEDRAL COLLEGE AGREEMENT 2012

Educational services
COMMISSIONER BISSETT	MELBOURNE, 15 MAY 2013

Application for approval of the Cathedral College Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cathedral College Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] 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 is attached as an annexure to this decision.

[4] 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.

[5] The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the IEU.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 22 May 2013. The nominal expiry date of the Agreement is 22 May 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Cathedral College Wangaratta, the applicant, seeking approval of an enterprise agreement. The college argued that the agreement, which was designed to cover its employees, met the requirements of the Fair Work Act 2009. The dispute centred around whether the agreement provided for the mandatory terms prescribed by the Act and whether it had been fairly negotiated.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and if it contained all the mandatory terms as required by the Act. Additionally, the Commission had to determine if the agreement was fairly negotiated, taking into account the nature of the bargaining process and whether the employees had been genuinely consulted.

The Commission found that the Cathedral College Agreement 2012 was a genuine enterprise agreement that complied with the statutory requirements. It held that the agreement contained all the necessary mandatory terms and that there was sufficient evidence to demonstrate that the agreement was fairly negotiated. The Commission considered the process followed by the college in reaching the agreement and concluded that it had been conducted in good faith and that employees had been adequately consulted. The application for approval of the agreement was therefore granted.

As a result of the Commission's decision, the Cathedral College Agreement 2012 was approved, and it became legally binding on the parties involved. This outcome ensured that the college and its employees could operate under the terms of the agreement, which would now regulate their employment relationship in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established