Investigator College Incorporated T/A Investigator College Summary

[2023] FWCA 1100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Investigator College Incorporated T/A Investigator College

(AG2023/882)

INVESTIGATOR COLLEGE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER HUNT	BRISBANE, 17 APRIL 2023

Application for approval of the Investigator College Enterprise Agreement 2023

Investigator College Incorporated T/A Investigator College (the Employer) has applied for approval of an enterprise agreement known as the Investigator College Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, namely in relation to the signatory of the Form F16 and Form F17. The Employer has mitigated the concerns in accordance with the Fair Work Commission Rules 2013.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (IEU) 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 IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2023. The nominal expiry date of the Agreement is 30 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was tasked with approving the Investigator College Enterprise Agreement 2023. The parties involved in this dispute were the Investigator College Incorporated, trading as Investigator College, and the relevant employee representatives. The nature of the dispute centred on whether the proposed agreement complied with the statutory requirements for an enterprise agreement, particularly under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement met the necessary criteria for coverage, such as the proper identification of the enterprise, the inclusion of bargaining representatives, and the details of the agreement's provisions. Additionally, the Commission examined whether the agreement contained the mandatory minimum terms and conditions as outlined in the Fair Work Act, ensuring that it did not undercut existing employee entitlements.

The Commission found that the Investigator College Enterprise Agreement 2023 adhered to all statutory requirements. The agreement was appropriately identified, and it included the necessary bargaining representatives. Furthermore, the Commission confirmed that the agreement contained the mandatory minimum terms and conditions, and it did not provide for terms and conditions that were less favourable than the applicable awards or the general safety provisions of the Fair Work Act. Therefore, the Commission approved the agreement, ensuring its compliance with the legislative framework.

As a result of the Commission's approval, the Investigator College Enterprise Agreement 2023 is now in effect. This decision provides legal certainty for both the Investigator College Incorporated and its employees, allowing them to operate under the terms of the newly approved agreement.

Investigator College Incorporated T/A Investigator College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established