DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Youth Education Options Ltd T/A Kairos Community College
(AG2019/1931)

KAIROS COMMUNITY COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 JULY 2019

Application for approval of the Kairos Community College Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kairos Community College Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Youth Education Options Ltd T/A Kairos Community College. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 26 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Community Youth Education Options Ltd T/A Kairos Community College applied to the Fair Work Commission for approval of the Kairos Community College Enterprise Agreement 2019. The applicant argued that the agreement was fair and reasonable, while the Australian Education Union opposed the application on the grounds that it was not fair and reasonable.

The central issue before the Fair Work Commission was whether the agreement was fair and reasonable in the terms it provided for employees. This involved examining the balance of rights and obligations, the fairness of the terms in light of the principles of enterprise bargaining, and whether the agreement met the criteria for approval under the Fair Work Act.

In reaching its decision, the Fair Work Commission considered various aspects of the agreement, including the nature of the enterprise, the bargaining process, and the specific terms of the agreement. The Commission noted that the agreement was the result of a genuine negotiation process and that it provided for a reasonable balance of rights and obligations. The Commission also found that the agreement met the criteria for approval under the Fair Work Act, including being in the best interests of the employees and not prejudicing the operation of the Fair Work Act.

The Fair Work Commission approved the Kairos Community College Enterprise Agreement 2019, finding it to be fair and reasonable. The Commission's decision was based on the evidence presented, the fairness of the terms, and the compliance of the agreement with the relevant legislative framework.

Community Youth Education Options Ltd T/A Kairos Community College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established