Helena College Council Inc T/A Helena College

[2022] FWCA 4217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Helena College Council Inc T/A Helena College

(AG2022/4787)

Helena College Council (Inc) Collective Agreement 2022

Educational services
COMMISSIONER PLATT	ADELAIDE, 1 DECEMBER 2022

Application for approval of the Helena College Council (Inc) Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Helena College Council (Inc) Collective Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Helena College Council Inc T/A Helena College (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 24 November 2022.

On 28 November 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Agreement was not lodged within 14 days after it was made. The Applicant provided a submission explaining that the Agreement was lodged late as a result of the company experiencing staff shortages due to COVID-19 absences in a period of high workload. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 17 November 2022.

The Applicant has submitted an undertaking in the required form dated 29 November 2022. The undertaking clarifies the classification matching for Teachers under the Agreement in relation to the Educational Services (Teachers) Award 2020 (the Award) and amends the salary scale for Level Four Education Assistants to ensure that the Agreement passes the better off overall test (BOOT). The amended rates can be seen in the undertaking attached to the Agreement.

A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not object to the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia (IEU), 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Helena College Council Inc, trading as Helena College, and an application for approval of the Helena College Council (Inc) Collective Agreement 2022. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the terms of the proposed agreement were consistent with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement complied with the requirements for good faith bargaining and the process for approval of the agreement.

The Commission considered the evidence presented by both parties and the submissions made. It examined whether the process of bargaining was conducted in good faith and whether the agreement reflected the outcomes of that process. The Commission also assessed whether the agreement met the necessary standards for approval under the Fair Work Act. After careful consideration, the Commission determined that the agreement was consistent with the Act and met the necessary requirements for approval. The Commission found that the process of bargaining had been conducted in good faith and that the agreement appropriately reflected the outcomes of that process.

The Fair Work Commission approved the Helena College Council (Inc) Collective Agreement 2022. The Commission found that the agreement met the necessary standards for approval and that the process of bargaining had been conducted in good faith. The Commission's decision provides clarity and certainty for the parties involved and sets a precedent for future collective agreements in the sector. The approval of the agreement ensures that the rights and obligations of the parties are properly reflected in the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established