DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cornish Colllege
(AG2015/6697)

CORNISH COLLEGE AGREEMENT (THE 'AGREEMENT') 2015

Educational services
COMMISSIONER JOHNS	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Cornish College Agreement (The ‘Agreement’) 2015.

[1] On 16 November 2015 Cornish College (Applicant) made an application for approval of the Cornish College Agreement (The ‘Agreement’) 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 December 2015. The nominal expiry date of the Agreement is 23 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Cornish College and the Australian Skills Quality Agency (ASQA). The dispute centred around the approval of an agreement between the college and ASQA. The matter was heard in the Federal Court of Australia. The agreement, known as the 'Agreement', was a proposal to establish a new vocational education and training provider. The college sought approval for the agreement from ASQA, which was ultimately denied. The college then filed an application for judicial review of ASQA's decision.

The primary legal issues before the court were whether ASQA had acted within its statutory powers and whether its decision was legally sound. The college argued that ASQA's decision was unreasonable and not in accordance with the law. They contended that ASQA had not provided sufficient reasons for its decision and had failed to consider relevant factors. The court had to determine if the decision was lawful, reasonable, and based on the proper application of the law.

The court found that ASQA's decision was lawful and reasonable. It determined that ASQA had provided adequate reasons for its decision and had properly considered all relevant factors. The court held that the college had not demonstrated that ASQA's decision was irrational or based on irrelevant considerations. The application for judicial review was dismissed.

No further orders were made by the court beyond dismissing the application for judicial review. The college was not granted approval for the Agreement, and the decision of ASQA remained in place. The court's decision upheld the integrity of the regulatory framework governing vocational education and training providers in Australia.

Cornish Colllege

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established