DECISION

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

Independent Education Union of Australia
(AG2015/2380)

KORMILDA COLLEGE LTD COLLECTIVE AGREEMENT 2015 - 2018

Northern Territory
COMMISSIONER WILSON	ADELAIDE, 22 MAY 2015

Application for approval of the Kormilda College Ltd Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kormilda College Ltd Collective Agreement 2015 - 2018 (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 (IEU). The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia - Queensland and Northern Territory Branch, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

The Independent Education Union of Australia (IEU) applied to the Fair Work Commission (FWC) for approval of the Kormilda College Ltd Collective Agreement 2015-2018. Kormilda College Ltd operates an independent school in the Northern Territory and the IEU is the recognised bargaining agent for the school’s teachers. The application was made under section 235 of the Fair Work Act 2009, which requires the FWC to approve a registered agreement if it satisfies the ‘better off overall test’ (BOOT) set out in section 230 of the Act. The College opposed the application, contending that the proposed agreement did not meet the BOOT, particularly in relation to provisions concerning the use of casual teachers and the calculation of overtime.

The FWC had to determine whether the agreement met the BOOT, as well as whether it complied with other legislative requirements. The BOOT requires that, when compared with the relevant award or safety net, the agreement must be at least as good as, or better than, the safety net for all employees. The FWC also considered the need for the agreement to comply with provisions concerning the fair treatment of employees, the maintenance of industrial peace, and the avoidance of unnecessary complexity in industrial arrangements. The FWC found that the agreement met the BOOT and was compliant with other relevant legislative requirements.

After considering the evidence and submissions from both parties, the FWC approved the proposed agreement. The FWC found that the agreement provided for a pay increase that was at least as good as, or better than, the relevant safety net, and that it contained provisions that were fair and reasonable in all the circumstances. The FWC also found that the agreement did not contain any provisions that would lead to unnecessary complexity in industrial arrangements or undermine industrial peace. The FWC made orders approving the proposed agreement, which is now registered and in force.

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