DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Trade College Ltd
(AG2017/1085)

HUNTER TRADE COLLEGE ENTERPRISE AGREEMENT 2017 - 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 19 APRIL 2017

Application for approval of the Hunter Trade College Enterprise Agreement 2017 - 2019.

[1] On 30 March 2017, Hunter Trade College Ltd (Applicant) made an application for approval of the Hunter Trade College Enterprise Agreement 2017 - 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union has indicated its acceptance of the undertakings.

[2] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[3] The Independent Education Union, 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Trade College Ltd (HTC) brought an application in the Fair Work Commission to approve the Hunter Trade College Enterprise Agreement 2017 - 2019. The agreement was intended to regulate the terms and conditions of employment for HTC employees, including those employees who were part of the relevant bargaining unit. The applicants for approval of the agreement included HTC and the National Tertiary Education Industry Union (NTEU). The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement be "in writing" and "fair and reasonable."

The court was required to determine whether the agreement satisfied the necessary criteria for approval. Specifically, the court needed to assess whether the agreement was in writing, whether it was the product of genuine bargaining, whether it was fair and reasonable, and whether it complied with any relevant minimum standards set out in the Fair Work Act 2009. The court also needed to consider whether the agreement contained any provisions that were outside the scope of the bargaining unit or that were otherwise invalid.

The court found that the agreement was in writing and that it was the product of genuine bargaining. The court also found that the agreement was fair and reasonable and that it complied with all relevant minimum standards. The court did find, however, that certain provisions of the agreement were outside the scope of the bargaining unit and were therefore invalid. The court made orders approving the agreement with those invalid provisions removed. The applicants were also ordered to take steps to ensure that the agreement was brought into compliance with the court's orders.

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