DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ilim College
(AG2017/6753)

ILIM COLLEGE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 27 APRIL 2018

Application for approval of the Ilim College Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ilim College Enterprise 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 Ilim College. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 27 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Ilim College, an employer, applied for approval of the Ilim College Enterprise Agreement 2018. The application was made under section 231 of the Fair Work Act 2009. The applicant was represented by counsel, and the respondent, the Independent Education Union of Australia (Vic Branch), appeared by a registered union official. The agreement was made on 29 June 2018 between the Ilim College and the union. The agreement was to be applied to employees of the Ilim College who were members of the union and who were employed as teachers, non-teaching academic staff, or support staff.

The applicant sought an order approving the agreement. The legal issues for the Commission were whether the agreement met the requirements for registration under the Fair Work Act, and whether it provided for a safety net of minimum terms and conditions of employment. The Commission noted that the agreement contained provisions for minimum rates of pay, maximum weekly hours, and leave entitlements. The Commission also noted that the agreement contained provisions for dispute resolution and consultation between the employer and the union. The Commission concluded that the agreement met the requirements for registration under the Fair Work Act and provided for a safety net of minimum terms and conditions of employment.

The Commission approved the agreement. The Commission noted that the agreement provided for a safety net of minimum terms and conditions of employment and that it was consistent with the principles of the Fair Work Act. The Commission also noted that the agreement was the product of good faith bargaining between the parties. The Commission made an order approving the agreement, which is to be registered with the Fair Work Commission. The agreement will be registered on the National Employment Standards Register and will be available for inspection by the public.

Ilim College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established