Emmanuel College

[2022] FWCA 4392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Emmanuel College

(AG2022/5041)

Emmanuel College Enterprise Agreement 2023

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 DECEMBER 2022

Application for approval of the Emmanuel College Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Emmanuel College Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmanuel College (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Emmanuel College, applied for the approval of the 2023 Enterprise Agreement. The respondent, the Independent Education Union of Australia (Vic Branch), opposed the application, contending that the agreement failed to meet the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission, a specialised industrial relations tribunal.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory criteria for approval under the Fair Work Act. This included examining whether the agreement contained provisions that were necessary to prevent, mitigate, or eliminate bullying, sexual harassment, and other forms of unlawful discrimination in the workplace. The Commission also needed to determine if the agreement contained a process for the resolution of workplace disputes.

The Fair Work Commission found that the Enterprise Agreement contained the necessary provisions to prevent, mitigate, and eliminate workplace bullying, sexual harassment, and unlawful discrimination. It also included a process for the resolution of workplace disputes. The Commission concluded that the agreement was in the public interest and was fair and reasonable, therefore granting the approval sought by Emmanuel College. The Commission also made orders that the agreement be registered and enforced as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established