DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmanuel College
(AG2016/197)

EMMANUEL COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Emmanuel College Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Emmanuel College Collective Enterprise 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 Emmanuel College. The Agreement is a single enterprise agreement.

[2] The Applicant 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 was approved on 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Emmanuel College, sought approval of the Emmanuel College Collective Enterprise Agreement 2015. The respondent, represented by the Australian Education Union, contested the approval on various grounds, including the perceived inadequacy of employee entitlements and the lack of procedural fairness in the negotiation process. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement complied with the provisions concerning the negotiation process, the fairness of the terms, and the overall public interest. The respondent argued that the agreement did not adequately protect employee rights and that there were procedural irregularities during the negotiation phase.

The Fair Work Commission found that while the negotiation process had some deficiencies, these were not so significant as to invalidate the entire agreement. The Commission emphasised that the terms of the agreement were fair and balanced, taking into account the specific context of the educational sector. The respondent's concerns about procedural fairness were addressed, with the Commission noting that the agreement ultimately provided fair and reasonable terms for employees. Consequently, the Commission approved the agreement subject to certain conditions designed to rectify identified procedural shortcomings.

The final orders included the approval of the Emmanuel College Collective Enterprise Agreement 2015, with conditions attached to ensure compliance with the Fair Work Act 2009. The agreement was deemed to be in the public interest and was considered to provide fair and reasonable terms for the employees of Emmanuel College.

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