DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eltham College Ltd T/A ELTHAM College
(AG2018/2965)

ELTHAM COLLEGE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2019

Application for approval of the ELTHAM College Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ELTHAM College Agreement 2017 (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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Eltham College Limited trading as Eltham College and a group of its employees. The primary dispute centred around the approval of the Eltham College Agreement 2017, which sought to establish the terms and conditions of employment for the college's staff. The employees, represented by the Independent Education Union of Australia, contested certain provisions of the agreement, arguing they were not in line with the principles of fair and equitable employment practices.

The legal issues at hand required the Commission to determine whether the provisions of the agreement were consistent with the objectives of the Fair Work Act 2009, particularly focusing on whether the agreement met the requirements for being a "modern award." This included assessing whether the agreement provided for fair and reasonable terms and conditions, taking into account factors such as the nature of the work, the parties' bargaining power, and the need for flexibility and efficiency in the workplace.

In delivering its decision, the Commission examined the evidence and submissions from both parties, considering the broader context of educational institutions and the specific circumstances of Eltham College. The Commission found that while some provisions of the agreement could be improved to better reflect contemporary employment standards, the overall agreement was not significantly deficient. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and thus approved the Eltham College Agreement 2017, subject to certain modifications to address the identified concerns.

The Fair Work Commission's decision, therefore, approved the Eltham College Agreement 2017 with modifications, ensuring that the terms and conditions of employment for the college's staff would be fair and reasonable, and consistent with the objectives of the Fair Work Act 2009. The Commission's approval was subject to the implementation of the agreed-upon modifications, which were designed to address the specific concerns raised by the employees' union.

Eltham College Ltd T/A ELTHAM College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established