DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/7487)

SOMERSET COLLEGE LIMITED UNION COLLECTIVE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Somerset College Limited Union Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Somerset College Limited Union Collective Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Australian Nursing and Midwifery Federation, Queensland Nurses’ Union of Employees, Independent Education Union of Australia and the Construction, Forestry, Mining and Energy Union, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 16 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 2016. The application was made pursuant to section 233 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for employees at Somerset College, a private education institution in Queensland. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the agreement contained all the mandatory terms prescribed by section 230 of the Fair Work Act, and whether it adhered to the good faith bargaining requirements of section 228. The Commission examined the specific provisions of the agreement, including minimum wages, penalty rates, leave entitlements, and other employment conditions, to ensure compliance with the legislative framework. Additionally, the Commission assessed whether the bargaining process was conducted in good faith, considering the conduct of both parties during negotiations.

In its decision, the Fair Work Commission found that the Somerset College Limited Union Collective Enterprise Agreement 2016 did contain all the mandatory terms as required by section 230 of the Act. The Commission determined that the agreement was the product of good faith bargaining, as evidenced by the conduct of the negotiations and the willingness of both parties to reach a compromise. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement under the Fair Work Act.

The Fair Work Commission issued an order approving the Somerset College Limited Union Collective Enterprise Agreement 2016. The agreement was deemed to be in effect from the date of the Commission's decision, and both the Independent Education Union of Australia and Somerset College Limited were bound by its terms. This order finalised the application for approval and ensured that the employees covered by the agreement would receive the benefits and protections outlined within it.

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