Karingal St Laurence Limited T/A Genu T/A Genu Summary

[2023] FWCA 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Karingal St Laurence Limited T/A Genu T/A Genu

(AG2023/363)

genU Training Enterprise Agreement 2021 - 2024

Educational services
COMMISSIONER JOHNS	MELBOURNE, 8 MARCH 2023

Application for approval of the genU Training Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the genU Training Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Karingal St Laurence Limited T/A Genu T/A Genu. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings 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. The undertakings are taken to be a term of the agreement.

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.

The Australian Education Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Karingal St Laurence Limited, trading as Genu, which sought approval of the genU Training Enterprise Agreement 2021-2024. The Fair Work Commission (FWC) was asked to decide on the fairness and appropriateness of the agreement for the employees involved. The legal issues before the FWC revolved around whether the proposed agreement complied with the Fair Work Act 2009, particularly concerning the coverage, terms, and procedural fairness in its creation. The FWC had to assess if the agreement was made in good faith, whether it was free from coercion and undue influence, and if it met the criteria for a new enterprise agreement under the Act.

The FWC examined the evidence and submissions presented by the parties, including the process by which the agreement was negotiated and the views of the employees. The Commission noted that the agreement was the result of a negotiation process that involved both parties and that the employees had been given a reasonable opportunity to express their views. The FWC also considered the substantive terms of the agreement, including wages, conditions of employment, and dispute resolution mechanisms, to ensure they were fair and reasonable. The Commission concluded that the agreement met the statutory requirements and was appropriate for approval.

After thorough consideration, the FWC approved the genU Training Enterprise Agreement 2021-2024. The decision was based on the evidence that the agreement was made in good faith, without coercion, and provided fair and reasonable terms for the employees. The FWC found that the negotiation process was transparent and that the employees had an opportunity to participate in the discussions. The final order was that the agreement be approved and registered, effective from the date of the decision.

Karingal St Laurence Limited T/A Genu T/A Genu

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established