DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2016/2707)

BRIGIDINE COLLEGE, ST IVES (TEACHERS) ENTERPRISE AGREEMENT 2015-2016

Educational services
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 11 MAY 2016

Application for approval of the Brigidine College, St Ives (Teachers) Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Brigidine College, St Ives (Teachers) Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Catholic Commission for Employment Relations. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Brigidine College, St Ives (Teachers) Enterprise Agreement 2015-2016. The application was brought before the Fair Work Commission, an Australian federal workplace relations tribunal. The dispute arose as the Brigidine Sisters of New South Wales, who operate the college, sought to have the enterprise agreement recognised and approved by the Commission.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement contained the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also had to consider if the agreement complied with procedural requirements, including whether proper consultation had occurred with the relevant employee representatives.

The Commission found that the enterprise agreement complied with all statutory requirements. The agreement contained the minimum terms and conditions mandated by the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and without any undue influence or coercion. The procedural requirements were also met, as the college had engaged in proper consultation with the employee representatives. Consequently, the Commission approved the enterprise agreement.

The Commission's final orders were that the Brigidine College, St Ives (Teachers) Enterprise Agreement 2015-2016 be approved as a registered agreement under the Fair Work Act. This approval ensures that the terms and conditions outlined in the agreement are enforceable and legally binding on the parties involved.

Catholic Commission for Employment Relations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established