Centre for Adult Education T/A CAE

[2014] FWCA 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centre for Adult Education T/A CAE
(AG2014/443)

CAE COLLECTIVE AGREEMENT (2012)

Educational services
COMMISSIONER BISSETT	MELBOURNE, 2 APRIL 2014

Application for approval of the CAE Collective Agreement (2012).

[1] An application has been made for approval of an enterprise agreement known as the CAE Collective Agreement (2012) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Centre for Adult Education t/a CAE. 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 as are relevant to this application for approval have been met.

[5] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2014. The nominal expiry date of the Agreement is 21 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

The case involved an application by the Centre for Adult Education (trading as CAE) for the approval of the CAE Collective Agreement (2012). The dispute was heard by the Fair Work Commission, a body established under the Fair Work Act 2009 to resolve workplace disputes and make decisions on various employment-related matters. The application was brought forward to ensure that the collective agreement complied with the statutory requirements and to secure its formal approval.

The legal issues before the Commission centred on whether the collective agreement met all the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for a fair and reasonable process for resolving disputes, and whether it complied with the provisions of the Act regarding the bargaining of terms and conditions of employment. The Commission also needed to consider whether the agreement contained any unlawful provisions or if it was consistent with the overarching principles of the Act.

In its decision, the Commission assessed the collective agreement clause by clause, examining its provisions for dispute resolution mechanisms, the process for bargaining, and the specific terms and conditions outlined in the agreement. The Commission found that the agreement generally adhered to the requirements of the Act and provided a fair and reasonable framework for resolving disputes. It noted that while some minor amendments were necessary to bring the agreement fully into compliance, these were relatively straightforward and did not undermine the overall fairness of the agreement. Ultimately, the Commission approved the CAE Collective Agreement (2012), subject to the specified minor amendments.

The final orders of the Commission mandated that the CAE Collective Agreement (2012) would be approved, with the condition that certain amendments be made to ensure full compliance with the Fair Work Act. These amendments were outlined in the decision and required the parties to address specific issues within a stipulated timeframe. The approval of the agreement was contingent upon these changes being implemented, ensuring that the terms and conditions of employment were fairly and reasonably provided for.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established