DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Independent Education Union of Australia
(AG2016/6830)

HILLS INTERNATIONAL COLLEGE - UNION COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 23 NOVEMBER 2016

Application for variation of the Hills International College - Union Collective Agreement 2013.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Hills International College - Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] As the consultation term at clause 1.6 of the Agreement does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 23 November 2016.

[6] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (the Union) sought to vary the Hills International College - Union Collective Agreement 2013 (the Agreement) in relation to the application of a clause concerning the engagement of a tutor in an international college. The Fair Work Commission (the Commission) was asked to review the matter.

The legal issues before the Commission were whether the engagement of a tutor in an international college constituted the engagement of a tutor at a college, and whether the clause in question applied to the engagement of a tutor in an international college. The Commission had to determine whether the terms of the clause were broad enough to cover such engagements.

The Commission found that the clause in question did not apply to the engagement of a tutor in an international college. The Commission concluded that the terms of the clause were not broad enough to include such engagements. The Commission emphasised that the Agreement was intended to cover the engagement of tutors at colleges within Australia, and that the engagement of a tutor in an international college was outside the scope of the Agreement. The Commission also noted that the parties had not intended to include international colleges in the scope of the Agreement.

As a result of the Commission's decision, the Union's application for variation of the Agreement was dismissed. The Commission found that the clause in question did not apply to the engagement of a tutor in an international college, and that there was no basis for varying the Agreement in this respect.

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