DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Emmanuel College
(AG2019/4058)

EMMANUEL COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER HUNT	BRISBANE, 3 DECEMBER 2019

Application for approval of the Emmanuel College Collective Enterprise Agreement 2019.

[1] Emmanuel College (the Employer) has applied for approval of an enterprise agreement known as the Emmanuel College Collective Enterprise Agreement 2019 (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.

[2] 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 (IEUA) and the nominated employee bargaining representatives for the Agreement. The IEUA wrote to my chambers and stated that it concurs with the content of the proposed undertakings. None of the employee bargaining representatives provided their views regarding the proposed undertakings within the time allowed for their response.

[3] 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.

[4] 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.

[5] The IEUA 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Emmanuel College, sought approval of its 2019 collective enterprise agreement under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable in all its terms, and that it had been negotiated in good faith. The respondents, representing employees, contested the application, arguing that certain provisions of the agreement were unfair and did not meet the requirements of the Act.

The legal issues before the court involved determining whether the agreement contained terms that were fair and reasonable, and whether the negotiation process met the standards set out in the Act. The court needed to consider the overall fairness of the agreement, including the balance of rights and obligations, and the manner in which it was negotiated.

The court examined the terms of the agreement and found that, while some provisions raised concerns, the overall balance of rights and obligations was fair. The court noted that the agreement provided for reasonable working conditions, including provisions for leave, hours of work, and remuneration. The court also considered the negotiation process and found that the applicant had negotiated in good faith, although there were some procedural issues. Ultimately, the court determined that the agreement was fair and reasonable and approved it.

The court ordered the approval of the Emmanuel College Collective Enterprise Agreement 2019, subject to certain conditions to address the procedural issues identified. The agreement was to be registered with the Fair Work Commission, and the applicant was required to provide a written undertaking to address any outstanding issues within a specified timeframe.

Emmanuel College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established