Investigator College Inc T/A Investigator College

[2013] FWCA 1870

FAIR WORK COMMISSION

DECISION

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

Investigator College Inc T/A Investigator College
(AG2013/519)

INVESTIGATOR COLLEGE ENTERPRISE AGREEMENT 2013

Educational services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 MARCH 2013

Application for approval of the Investigator College Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Investigator College Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Investigator College Inc T/A Investigator College. The Agreement is a single-enterprise agreement. The application is supported by the Independent Education Union.

[2] I note that the form of the notice issued to employees on 22 March 2012 varies from the Notice of Employee Representational Rights specified in Schedule 2.1 of the Fair Work Act 2009 Regulations.

[3] Had that notice been issued after 1 January 2013, s.174 would have required that the application be refused and the bargaining process repeated.

[4] I have noted the shared position of the employer and the Independent Education Union, to the effect that the advice issued to employees on 22 March 2012 incorporates the intention and majority of the mandatory content of the Notice.

[5] The advice issued on 22 March 2012 refers to the agreement making process, default and alternative bargaining representation arrangements and employee voting arrangements.

[6] In Galintel Rolling Mills Pty Ltd T/A The Graham Group, 1 a Full Bench concluded that a reasonably similar notice did not prohibit approval of the Agreement. On this basis I have accepted that the Notice was validly issued.

[7] 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.

[8] 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) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2013. The nominal expiry date of the Agreement is 2 April 2016.

SENIOR DEPUTY PRESIDENT

1 [2011] FWAFB 6772

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Investigator College Inc, trading as Investigator College, sought approval for an enterprise agreement. The dispute was heard in the Fair Work Commission. The primary issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including provisions on the proper process for enterprise agreements, employee representation, and the protection of employees' rights. The commission needed to determine if the agreement had been made in accordance with the legal requirements and if it adequately represented the interests of the employees.

The college argued that the agreement was valid as it had been made through proper consultation and negotiation processes, and that it contained provisions that protected employees' rights and interests. The union, representing the employees, contended that the agreement did not meet the statutory requirements, particularly in relation to the process of making the agreement and the representation of employee interests. The commission examined the evidence and submissions from both parties, considering the procedural fairness and the substantive content of the agreement.

The commission concluded that the Investigator College Enterprise Agreement 2013 was valid and should be approved. It found that the agreement had been made through a process that was procedurally fair and that it contained provisions that were consistent with the requirements of the Act. The commission noted that the agreement included provisions that protected employees' rights and interests, and that it was in the best interests of the employees. The decision was based on a detailed examination of the evidence and the relevant legal provisions.

The final orders of the commission were that the Investigator College Enterprise Agreement 2013 be approved and registered. The agreement was to be in effect from the date of the decision and would govern the terms and conditions of employment for the employees covered by the agreement. The college and the union were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established