DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd
(AG2016/3320)

DJARRAGUN COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 12 JULY 2016

Application for approval of the Djarragun College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Djarragun College 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 Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd and its employees. The primary dispute was over the approval of the Djarragun College Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a certified agreement. The crux of the matter was whether the agreement complied with the statutory requirements and was made in good faith.

The legal issues that the Commission had to resolve were whether the agreement was genuinely negotiated and whether it met the various statutory conditions for approval. This included assessing whether the agreement contained the necessary minimum terms, if it was made without coercion, and if it complied with the procedural requirements set out in the Act. The Commission also had to consider if the agreement provided for the proper representation of the employees' interests and if it was in the best interest of the employees.

The Commission determined that the agreement was appropriately negotiated and met all the statutory conditions for approval. The agreement was found to be made in good faith and contained all the necessary minimum terms. The Commission was satisfied that the agreement was not made under duress and that the procedural requirements were met. Furthermore, the Commission concluded that the agreement provided for the proper representation of the employees' interests and was in their best interests. Consequently, the Commission approved the Djarragun College Enterprise Agreement 2016 as a certified agreement.

The final orders of the Commission were that the Djarragun College Enterprise Agreement 2016 be approved as a certified agreement under section 231 of the Fair Work Act 2009. The agreement was to be registered with the Commission and would apply to the employees of Djarragun College (Gordonvale Campus) T/A Djarragun College Ltd from the date of the approval.

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