DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd
(AG2018/5012)

DJARRAGUN COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 1 FEBRUARY 2019

Application for approval of the Djarragun College Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Djarragun 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 Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd was the subject of an application for the approval of the Djarragun College Enterprise Agreement 2019 before the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009, including its provisions regarding minimum entitlements and the process for reaching an enterprise agreement. The Fair Work Commission was tasked with determining if the agreement met the necessary criteria for approval and if it appropriately addressed the rights and obligations of the parties involved.

The legal issues before the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it provided for minimum entitlements as stipulated by the Act, and whether the agreement had been reached through a process compliant with the Act. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees and if it adhered to the principles of procedural fairness.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement against the requirements of the Fair Work Act. It found that the agreement included all the necessary mandatory terms and provided for minimum entitlements, ensuring that it met the statutory criteria. The Commission also determined that the agreement had been reached through a process that complied with the Act, including the engagement of good faith bargaining. The Commission concluded that the agreement was fair and appropriate, balancing the interests of both the employer and employees, and approved the Djarragun College Enterprise Agreement 2019.

The Fair Work Commission approved the Djarragun College Enterprise Agreement 2019, recognising it as compliant with the Fair Work Act and appropriate for the circumstances. This decision ensures that the agreement will serve as the basis for the employment conditions of the parties involved, providing certainty and clarity in their industrial relationship.

Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established