DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kardinia International College (Geelong) Ltd
(AG2019/2963)

KARDINIA INTERNATIONAL COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the Kardinia International College Enterprise Agreement 2019

[1] Kardinia International College (Geelong) Ltd has made an application for approval of an enterprise agreement known as the Kardinia International College Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 September 2019 and, in accordance with s 54, will operate from 9 September 2019. The nominal expiry date of the Agreement is 2 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kardinia International College (Geelong) Ltd, sought approval of the Kardinia International College Enterprise Agreement 2019 from the Fair Work Commission. The dispute involved the terms and conditions of employment for staff at the college. The matter was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees. The Commission had to consider if the agreement provided appropriate mechanisms for resolving workplace disputes, and whether it met the requirements for good faith bargaining. Additionally, the Commission examined whether the agreement offered fair and reasonable terms for employees, including adequate protections and entitlements.

The Commission found that the agreement substantially complied with the statutory requirements and was in the best interests of the employees. It noted that the agreement included appropriate mechanisms for resolving workplace disputes and demonstrated evidence of good faith bargaining. The Commission also determined that the agreement provided fair and reasonable terms for employees, including adequate protections and entitlements. The Commission approved the agreement, recognising that it balanced the interests of both the employer and the employees.

The Fair Work Commission approved the Kardinia International College Enterprise Agreement 2019, emphasising its compliance with statutory requirements and its benefits for the employees. The Commission's decision acknowledged the agreement's provisions for dispute resolution and the process of good faith bargaining, ultimately determining that the agreement was fair and reasonable for all parties involved.

Kardinia International College (Geelong) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established