Djarragun College Ltd T/A Djarragun College

[2022] FWCA 1152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Djarragun College Ltd T/A Djarragun College

(AG2022/712)

Djarragun College Enterprise Agreement 2022-2024

Educational services
COMMISSIONER HUNT	BRISBANE, 1 APRIL 2022

Application for the approval of Djarragun College Enterprise Agreement 2022-2024

Djarragun College Ltd T/A Djarragun College (the Employer) has applied for approval of an enterprise agreement known as the Djarragun College Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The IEU advised that it concurs with the undertakings given and the submissions made in relation to this matter.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU 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) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Djarragun College Ltd, trading as Djarragun College, sought the approval of the Fair Work Commission (FWC) for its proposed 2022-2024 Enterprise Agreement. The application was made to the Commission under the Fair Work Act 2009, with the College arguing that the proposed agreement was appropriate for the workforce and met the requirements for the FWC's approval. The College's application was contested by a union, which argued that the proposed agreement did not adequately protect the rights and interests of the employees.

The key legal issue before the Commission was whether the proposed Enterprise Agreement met the criteria for approval under section 235 of the Fair Work Act. This included whether the agreement provided for fair and reasonable terms and conditions, including wages and other remuneration, and whether it was not less favourable than the applicable modern award. The Commission also had to consider whether the agreement was made in good faith and whether it facilitated the improvement of workplace relations.

The Commission found that the proposed Enterprise Agreement met the criteria for approval. It considered that the agreement provided for fair and reasonable terms and conditions for employees, including wages and other remuneration, and was not less favourable than the applicable modern award. The Commission also found that the agreement was made in good faith and facilitated the improvement of workplace relations. The union's objections were dismissed, and the College's application for approval of the proposed Enterprise Agreement was successful.

The Commission approved the proposed Enterprise Agreement, which will now apply to the employees of Djarragun College Ltd T/A Djarragun College from the date of the Commission's decision. The agreement will remain in force until it is terminated, varied or replaced in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established