DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunger Trade College T/A Hunter Trade College Ltd
(AG2019/5193)

HUNTER TRADE COLLEGE ENTERPRISE AGREEMENT 2020-2022

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 3 APRIL 2020

Application for approval of the Hunter Trade College Enterprise Agreement 2020-2022.

[1] An application has been made for the approval of an enterprise agreement known as the Hunter Trade College Enterprise Agreement 2020-2022 (‘the Agreement’). The application was made by Hunter Trade College T/A Hunter Trade College Ltd (‘the Applicant’) pursuant to
s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia (‘the IEU’), have given notice under
s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the IEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Hunger Trade College trading as Hunter Trade College Ltd, sought approval of their Enterprise Agreement for the years 2020 to 2022. This request was brought before the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for the workers within the organisation, as outlined in the proposed agreement, which the applicants sought to have ratified. The Commission's task was to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to consider whether there had been genuine bargaining between the parties, if the agreement was made in good faith, and if it had been properly presented for approval. Substantively, the agreement had to be assessed to ensure it provided for fair and reasonable terms and conditions of employment, did not undermine the safety and health of employees, and adhered to the minimum standards set by the relevant industrial instrument.

The Commission found that the applicants had demonstrated genuine bargaining, made the agreement in good faith, and that the agreement was appropriately presented. Regarding the substantive elements, the Commission examined the terms of the agreement against the relevant minimum standards and determined that the proposed agreement provided for fair and reasonable terms and conditions. It also concluded that the agreement did not compromise the safety and health of the employees. Consequently, the Commission approved the Hunter Trade College Enterprise Agreement 2020-2022.

The Commission's decision was communicated, and the approved Enterprise Agreement was registered. This registration meant that the agreement became the governing industrial instrument for the employees of Hunter Trade College Ltd for the specified period, with its terms and conditions binding on the parties until such time as it expired or was replaced by a new agreement.

Hunger Trade College T/A Hunter Trade College Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established