DECISION

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

Independent Education Union of Australia
(AG2015/6138)

WESTSIDE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 DECEMBER 2015

Application for approval of the Westside Christian College Collective Enterprise Agreement 2016.

[1] An application has been made for approval of a single enterprise agreement known as the Westside Christian College Collective Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia-Queensland and Northern Territory Branch.

[2] On the basis of the material before me, 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] 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, will operate from 1 January 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application seeking approval of the Westside Christian College Collective Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The union argued that the agreement was fair and reasonable for the employees, and that it complied with all relevant legislative requirements.

The primary legal issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act. This required the FWC to consider whether the agreement provided for fair remuneration and conditions of employment, and whether it had been made in accordance with the provisions of the Act. The union argued that the agreement was made in good faith and was fair and reasonable, while the college argued that the agreement contained provisions that were not in line with the relevant legislative framework.

In its decision, the FWC found that the agreement was fair and reasonable and met the requirements of the Act. The FWC noted that the agreement provided for a number of benefits for employees, including a 2.75% wage increase over three years, and additional leave entitlements. The FWC also found that the agreement had been made in good faith and was not contrary to public policy. The FWC approved the agreement and made orders accordingly.

The FWC's decision provides guidance on the factors that it will consider when deciding whether to approve a collective enterprise agreement. The decision highlights the importance of ensuring that agreements provide for fair remuneration and conditions of employment, and that they are made in good faith. The decision also emphasises the need for agreements to comply with the relevant legislative framework.

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