DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Trade College Ltd
(AG2015/529)

HUNTER TRADE COLLEGE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2015

Application for approval of the Hunter Trade College Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Trade College 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 Hunter Trade College Ltd. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

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

[5] The Agreement does not contain all of the consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 24 April 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Trade College Ltd, the employer, applied for the Fair Work Commission's approval of the Hunter Trade College Enterprise Agreement 2015. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement met the legal criteria for approval, including being based on the principles of enterprise bargaining, meeting the prescribed conditions for approval, and not containing any illegal or unfair provisions. The application was opposed by a union representing some of the employees.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This involved examining whether the agreement was genuinely negotiated, met the prescribed conditions for approval, and did not contain any illegal or unfair provisions. The Commission also needed to consider whether the agreement was consistent with the principles of enterprise bargaining and whether it complied with the Fair Work Act's requirements for disclosure and consultation.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission noted that the agreement had been genuinely negotiated between the parties, contained the prescribed conditions for approval, and did not include any illegal or unfair provisions. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and met the requirements of the Fair Work Act regarding disclosure and consultation. The Commission approved the Hunter Trade College Enterprise Agreement 2015 as a registered agreement under the Fair Work Act.

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