Eltham College Ltd

[2016] FWCA 451
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Eltham College Ltd T/A Eltham College
(AG2015/6289)
ELTHAM COLLEGE AGREEMENT 2015
Educational services

DEPUTY PRESIDENT GOSTENCNIK PERTH, 21 JANUARY 2016
Application for approval of the Eltham College Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the

Eltham College Agreement 2015 (the Agreement). The application was made pursuant to
s.185 of the Fair Work Act 2009 (the Act). It has been made by Eltham College Ltd T/A
Eltham College. 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.205(2) of the Act, the model consultation 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.
[2016] FWCA 451
[5] The Agreement was approved on 21 January 2016 and, in accordance with s.54, will

operate from 28 January 2016. The nominal expiry date of the Agreement is 31 January 2017.
DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Eltham College Ltd, trading as Eltham College, applied for approval of the Eltham College Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009 (the Act). The Agreement, which is a single enterprise agreement, pertains to the educational services provided by Eltham College. The application was heard by Deputy President Gostencnik in Perth on 21 January 2016.

The legal issues before the court were whether the application met the requirements of sections 186, 187, and 188 of the Act, which relate to the process for approving an enterprise agreement. Additionally, the court had to determine whether the Agreement met the criteria for coverage under section 201 of the Act and whether the prescribed model consultation term under the Fair Work Regulations 2009 was included as a term of the Agreement. The Independent Education Union of Australia, as a bargaining representative for the Agreement, had also notified its desire for the Agreement to cover it.

The court found that all the requirements for approval under sections 186, 187, and 188 of the Act had been satisfied based on the material in the application and the accompanying statutory declaration. The court also confirmed that the model consultation term prescribed by the Fair Work Regulations 2009 was incorporated into the Agreement, as required by section 205(2) of the Act. Furthermore, the Agreement was deemed to cover the Independent Education Union of Australia, as per section 201(2) of the Act.

The Agreement was approved and will operate from 28 January 2016, with a nominal expiry date of 31 January 2017. The Deputy President, Gostencnik, signed the approval on 21 January 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Fair Work Act 2009
s.185—Enterprise agreement
Eltham College Ltd T/A Eltham College
(AG2015/6289)
ELTHAM COLLEGE AGREEMENT 2015
Educational services
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 21 JANUARY 2016
Application for approval of the Eltham College Agreement 2015.