DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centre for Adult Education T/A CAE
(AG2016/7307)

CAE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the CAE Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CAE Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centre for Adult Education T/A CAE. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Tertiary Education Industry Unionbeing 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 was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Centre for Adult Education (CAE) and the applicant's enterprise agreement for 2016. The crux of the dispute was the approval of the terms and conditions outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the mandatory terms, whether it was made in good faith, and whether it complied with the provisions regarding the prohibition of adverse action. Additionally, the Commission had to assess if the agreement contained appropriate mechanisms for dispute resolution and if it was fair and reasonable in all its aspects.

After careful consideration, the Commission concluded that the agreement did meet the mandatory requirements and was made in good faith. The terms regarding dispute resolution were deemed adequate, and the overall fairness and reasonableness of the agreement were upheld. Consequently, the Commission approved the CAE Enterprise Agreement 2016.

Centre for Adult Education T/A CAE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established