DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Helena College Council Inc T/A Helena College
(AG2018/3142)

HELENA COLLEGE COUNCIL (INC) COLLECTIVE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 1 FEBRUARY 2019

Application for approval of the Helena College Council (Inc) Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Helena College Council (Inc) Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Helena College Council Inc T/A Helena College. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 8 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Helena College Council Inc, trading as Helena College, sought approval of the Helena College Council (Inc) Collective Agreement 2018 in the Fair Work Commission. The application arose from negotiations between the employer and the Australian Education Union, which represents the teachers at the college. The dispute involved the terms and conditions of employment for teachers, including wages, working hours, and other employment-related matters. The central issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Commission considered whether the agreement provided for a fair and efficient workplace while balancing the interests of both the employer and the employees. Key legal issues included whether the agreement met the requirements of good faith bargaining, whether it provided for a fair and efficient workplace, and whether it complied with the provisions of the Fair Work Act. Additionally, the Commission assessed whether the agreement provided adequate protections for employees and ensured their rights were upheld.

In delivering its decision, the Commission found that the agreement was the product of genuine and good faith bargaining and met the requirements for approval. The Commission highlighted that the agreement provided for a fair and efficient workplace, taking into account the specific circumstances of the college and its employees. The Commission also determined that the agreement complied with the Fair Work Act and provided adequate protections for employees. As a result, the Commission approved the Helena College Council (Inc) Collective Agreement 2018, thereby resolving the dispute in favour of the applicant.

No further orders were made by the Commission. The approval of the agreement ensures that the terms and conditions of employment for teachers at Helena College are governed by the agreed-upon provisions, providing a stable and fair working environment for both the employer and employees.

Helena College Council Inc T/A Helena College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established