DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2020/3844)

HILLS INTERNATIONAL COLLEGE LIMITED - COLLECTIVE AGREEMENT 2020

Educational services
COMMISSIONER HUNT	BRISBANE, 21 JANUARY 2021

Application for approval of the Hills International College Limited - Collective Agreement 2020.

[1] The Independent Education Union of Australia (the IEUA/the Applicant) has applied for approval of an enterprise agreement known as the Hills International College Limited - Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. The employer is Hills International College Limited (the Employer).

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Applicant and the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the IEUA regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] I am 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The IEUA 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) of the Act I note that the Agreement covers the IEUA.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application in the Fair Work Commission to approve the Hills International College Limited - Collective Agreement 2020. The Hills International College Limited is an employer of academic staff and the Independent Education Union of Australia is their representative. The nature of the dispute was whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court that heard the case.

The legal issues that the court was required to decide included whether the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or safety net. The court also needed to determine whether the agreement met the good faith bargaining test and whether it included provisions that were contrary to public policy. The court had to consider whether the agreement provided for the proper operation of the enterprise and whether it contained any provisions that were contrary to the spirit of the Act.

The Fair Work Commission found that the agreement met the necessary standards and requirements for approval. The court found that the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or safety net. The court also found that the agreement met the good faith bargaining test and did not contain any provisions that were contrary to public policy. The court determined that the agreement provided for the proper operation of the enterprise and did not contain any provisions that were contrary to the spirit of the Act. The court approved the agreement and made an order accordingly.

The final orders of the court were that the Hills International College Limited - Collective Agreement 2020 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in force until it was terminated, varied or replaced in accordance with the Act. The court's decision provided clarity and certainty for both the employer and the employees, and ensured that the agreement met the necessary standards and requirements for approval.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established