Kingswood College Limited T/A Kingswood College Summary

[2023] FWCA 52

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kingswood College Limited T/A Kingswood College

(AG2022/5347)

KINGSWOOD COLLEGE ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 9 JANUARY 2023

Application for approval of the Kingswood College Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Kingswood College Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingswood College Limited T/A Kingswood College. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 16 January 2023. The nominal expiry date of the Agreement is 9 January 2026.

COMMISSIONER
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CaseChat Overview and Summary

Kingswood College Limited T/A Kingswood College applied to the Fair Work Commission for approval of the Kingswood College Enterprise Agreement 2022. The agreement related to the employment terms of the school's teachers and support staff. The school argued that the agreement was necessary to reflect changes in the educational environment and to ensure fair and competitive compensation for its employees. The Australian Education Union opposed the application, asserting that the proposed terms did not adequately protect the rights and conditions of the employees.

The central legal issues before the commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. The commission examined the bargaining processes, the terms of the agreement, and the impact on the employees. It also considered the need for the agreement to address changes in the educational sector and whether the proposed terms were necessary and reasonable.

The commission found that the agreement was the product of genuine bargaining between the parties and contained terms that were fair and reasonable. It noted that the agreement addressed the challenges faced by the educational sector, including changes in working conditions and compensation structures. The commission was satisfied that the agreement provided adequate protections for the employees and met the statutory requirements. Consequently, the application for approval of the Kingswood College Enterprise Agreement 2022 was approved.

The final orders included the approval of the agreement, which would now govern the employment terms of the teachers and support staff at Kingswood College. The agreement would take effect from the date of approval, and both parties were directed to implement the terms in accordance with the provisions of the Fair Work Act 2009.

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