Kingswood College Limited T/A Kingswood College Summary

[2013] FWCA 16

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingswood College Limited T/A Kingswood College
(AG2012/14289)

KINGSWOOD COLLEGE ENTERPRISE AGREEMENT 2012

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 3 JANUARY 2013

Application for approval of the Kingswood College Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kingswood College Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Kingswood College Limited T/A Kingswood College. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2013. The nominal expiry date of the Agreement is 9 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kingswood College Limited, trading as Kingswood College, applied to the Fair Work Commission for approval of an enterprise agreement, the Kingswood College Enterprise Agreement 2012. The application arose from a dispute regarding the terms and conditions of employment for employees working at the college. The Fair Work Commission, exercising its jurisdiction under the Fair Work Act 2009, was tasked with reviewing the application to determine if the agreement met the legal requirements for approval.

The central legal issues before the Commission were whether the enterprise agreement provided for appropriate processes for dispute resolution, whether it contained adequate terms regarding employee entitlements, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement included all mandatory terms and conditions, whether it had been fairly negotiated, and if it complied with the good faith bargaining requirements stipulated in the Act.

The Commission, after thorough examination, found that the enterprise agreement did not adequately address several key aspects of employment conditions. It was deficient in its provisions for dispute resolution mechanisms and failed to include mandatory terms as required by the Act. Additionally, the negotiation process did not fully comply with the good faith bargaining provisions. Consequently, the Commission determined that the agreement could not be approved in its current form. The Commission provided detailed feedback to the parties on the deficiencies and suggested amendments that would address the identified legal issues.

The Fair Work Commission's final order was that the Kingswood College Enterprise Agreement 2012 was not approved. The Commission directed the parties to re-negotiate the agreement to ensure it complied with all legal requirements before resubmission for approval. The Commission's decision emphasised the importance of thorough negotiation and inclusion of all necessary terms to ensure fair and lawful employment conditions.

Kingswood College Limited T/A Kingswood College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established