DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/7493)

RADIANT LIFE COLLEGE COLLECTIVE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Radiant Life College Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Radiant Life College Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were the Independent Education Union of Australia (the applicant) and Radiant Life College (the respondent). The dispute centred on the approval of the Radiant Life College Collective Agreement 2015, which was to be assessed by the Fair Work Commission (the court). The union sought approval of the agreement, while the college argued against its approval.

The primary legal issue before the court was whether the collective agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the good faith bargaining provisions and whether it provided for a fair and reasonable outcome for all parties involved. The court also had to consider if the agreement was consistent with the national workplace relations system and if it provided for a safety net of minimum terms and conditions of employment.

In reaching its decision, the court examined the bargaining process and the content of the agreement. The court found that the union and the college had engaged in good faith bargaining, and the terms of the agreement were fair and reasonable. The court noted that the agreement provided for a safety net of minimum terms and conditions, in line with the national workplace relations system. Consequently, the court approved the Radiant Life College Collective Agreement 2015.

The final orders of the court were that the Radiant Life College Collective Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. This approval ensured that the agreement would provide a framework for the employment relationship between the college and its employees, while also complying with the requirements of the national workplace relations system.

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