DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Investigator College Inc T/A Investigator College
(AG2016/4617)

INVESTIGATOR COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Investigator College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Investigator College 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 Investigator College Inc T/A Investigator College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings to address a concern about the interaction of the provisions of clause 15 of the Agreement with Chapter 3 Part 3-4 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings address the concern and 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Independent Education Union (South Australia) Incorporated 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.

[7] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Investigator College Inc, trading as Investigator College, sought approval of the Investigator College Enterprise Agreement 2016 from the Fair Work Commission. The application arose from a dispute between the college and its employees, who were represented by a union. The primary concern was the terms and conditions set out in the proposed agreement, which the union argued were not in the best interests of the employees. The matter was heard in the Fair Work Commission, which had jurisdiction to assess and approve enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the terms of the Investigator College Enterprise Agreement 2016 complied with the statutory requirements of the Fair Work Act and whether the agreement was in the best interests of the employees. The Commission needed to ensure that the agreement met the procedural and substantive requirements of the Act, including that it was made in good faith and provided for the proper classification and remuneration of employees. Additionally, the Commission had to consider the implications of the agreement on the employees' working conditions and whether it adequately protected their rights and interests.

In its decision, the Commission carefully examined the terms of the proposed agreement and the submissions made by both parties. The Commission found that the agreement complied with the procedural requirements of the Act, as it had been negotiated in good faith and involved meaningful consultation with the employees. The Commission also determined that the substantive terms of the agreement, including those relating to classification, remuneration, and other working conditions, were fair and reasonable. The Commission concluded that the agreement was in the best interests of the employees and approved the Investigator College Enterprise Agreement 2016.

The Fair Work Commission approved the Investigator College Enterprise Agreement 2016, finding that it met the statutory requirements of the Fair Work Act and was in the best interests of the employees. The Commission's decision was based on its assessment of the agreement's procedural fairness, the adequacy of the consultation process, and the reasonableness of the substantive terms. The approval of the agreement resolves the dispute between Investigator College and its employees, providing a legally binding framework for their working relationship moving forward.

Investigator College Inc T/A Investigator College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established