Ilim College T/A Ilim College Summary

[2024] FWCA 2397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ilim College T/A Ilim College

(AG2024/2111)

ILIM COLLEGE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER JOHNS	MELBOURNE, 28 JUNE 2024

Application for approval of the Ilim College Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ilim College Enterprise Agreement 2024 (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 T/A Ilim College. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 27 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Ilim College Enterprise Agreement 2024, the Fair Work Commission was required to consider whether the agreement was in the best interests of the employees. The applicant, Ilim College, sought the approval of the agreement which was negotiated between the employer and the teachers' union representing the staff. The union contested the application, raising concerns about the fairness and adequacy of the proposed terms and conditions.

The legal issues before the Commission included whether the agreement provided for appropriate minimum rates of pay and conditions, including reasonable work hours and leave entitlements, and whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees, and whether it complied with any relevant industrial instruments.

The Commission found that the agreement provided for fair and reasonable terms and conditions that met the statutory requirements. The proposed pay rates and conditions were considered to be in line with industry standards and were deemed to be fair and reasonable for the employees. The Commission noted that the agreement included provisions for reasonable work hours, leave entitlements, and other benefits that were consistent with the needs of the employees. Furthermore, the Commission determined that the agreement appropriately balanced the interests of both parties and complied with relevant industrial instruments. As a result, the Commission approved the Ilim College Enterprise Agreement 2024.

The Fair Work Commission approved the Ilim College Enterprise Agreement 2024, finding that it met the statutory requirements for enterprise agreements under the Fair Work Act 2009 and was in the best interests of the employees. The agreement was deemed to provide for fair and reasonable terms and conditions, including appropriate minimum rates of pay and conditions, reasonable work hours, and leave entitlements. The Commission also found that the agreement appropriately balanced the interests of both the employer and the employees and complied with relevant industrial instruments.

Ilim College T/A Ilim College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established