DECISION

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

Independent Education Union of Australia
(AG2019/4800)

SOMERSET COLLEGE LIMITED UNION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SPENCER	BRISBANE, 31 JANUARY 2020

Application for approval of the Somerset College Limited Union Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Somerset College Limited Union Collective Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia (the Applicant), on behalf of Somerset College Limited (the Employer). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Somerset College Limited Union Collective Enterprise Agreement 2020. Somerset College Limited, an employer in the independent education sector, and the union, representing its employees, sought to formalise their employment terms through this agreement. The primary dispute centred on whether the terms of the proposed agreement complied with the applicable industrial legislation and whether it appropriately balanced the interests of both the employer and employees.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, reflecting the needs and conditions of the employees. Conversely, Somerset College Limited contended that certain provisions were unreasonable and not in line with the legislative framework governing enterprise agreements. The court had to examine the specifics of the agreement, including wages, working conditions, and dispute resolution mechanisms, to determine if they met the statutory requirements for approval.

The Fair Work Commission, after thorough deliberation, found that the proposed agreement largely adhered to the legal standards set forth in the Fair Work Act 2009. The court recognised that the agreement provided a fair and balanced approach to the employment terms and conditions. Notably, the court highlighted the provisions on wages and working hours as being particularly well-balanced and reasonable. Consequently, the Commission approved the agreement, affirming its compliance with the necessary legislative provisions and its fairness to both parties involved.

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