DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingswood College Limited T/A Kingswood College
(AG2017/1061)

KINGSWOOD COLLEGE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 17 MAY 2017

Application for approval of the Kingswood College Enterprise Agreement 2017.

[1] On 28 March 2017 Kingswood College Limited T/A Kingswood College (Applicant) made an application for approval of the Kingswood College Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 May 2017. The nominal expiry date of the Agreement is 17 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kingswood College Limited, trading as Kingswood College, applied to the Fair Work Commission for approval of the Kingswood College Enterprise Agreement 2017. The application arose in the context of a dispute between the college and the Australian Education Union regarding the terms and conditions of employment for the college’s employees. The Fair Work Commission was tasked with assessing whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the mandatory minimum entitlements of employees, as stipulated by the Act. This included examining provisions related to pay rates, classification of employees, and other terms and conditions of employment. The Commission had to determine if the agreement was "better off overall" for the employees, taking into account both the financial and non-financial benefits provided.

The Commission examined the submissions from both parties and considered the evidence presented. It assessed whether the agreement provided for fair and reasonable terms, and whether it complied with the mandatory provisions of the Fair Work Act. After thorough deliberation, the Commission concluded that the agreement did indeed provide for the minimum entitlements and was better off overall for the employees. Consequently, the application for approval was granted, and the Kingswood College Enterprise Agreement 2017 was registered.

The Fair Work Commission ordered the registration of the Kingswood College Enterprise Agreement 2017, effective from the date of the decision. The agreement was to apply to all employees of Kingswood College who were party to the negotiations and who were covered by the agreement’s scope. The registration validated the terms and conditions set out in the agreement, providing legal certainty to both the college and its employees.

Kingswood College Limited T/A Kingswood College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established