DECISION

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

Kardinia International College (Geelong) Ltd T/A Kardinia International College
(AG2015/5027)

KARDINIA INTERNATIONAL COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER JOHNS	SYDNEY, 8 OCTOBER 2015

Application for approval of the Kardinia International College Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kardinia International College Collective Enterprise Agreement 2015 (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.

[2] 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 (Victoria Tasmania 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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Kardinia International College (Geelong) Ltd T/A Kardinia International College applied to the Fair Work Commission for approval of the Kardinia International College Collective Enterprise Agreement 2015. The respondents were the Australian Education Union and the Tertiary Education Union. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the parties contested the fairness of various provisions, including those related to employment conditions, wages, and other benefits.

The Fair Work Commission had to determine whether the agreement was in the interests of the employees and whether it was consistent with the provisions of the Fair Work Act. This included assessing if the agreement had been negotiated in good faith, if it contained the required minimum entitlements, and if it was free from provisions that would be against public policy or detrimental to the proper functioning of the workplace. The Commission also had to consider the views of the unions and the college in arriving at its decision.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the agreement contained all the required minimum entitlements, was negotiated in good faith, and did not include any provisions that were against public policy or detrimental to the proper functioning of the workplace. The Commission took into account the views of both the unions and the college, as well as the relevant legislation and precedents. The Commission approved the proposed enterprise agreement, subject to minor amendments to certain provisions.

The Fair Work Commission ordered that the Kardinia International College Collective Enterprise Agreement 2015 be approved as a registered agreement, with the minor amendments made by the Commission. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was final and binding on all parties involved in the dispute.

Kardinia International College (Geelong) Ltd T/A Kardinia International College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established