DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Life Education Victoria
(AG2018/466)

LIFE EDUCATION GROUP ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 JUNE 2018

Application for approval of the Life Education Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Life Education Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Life Education Victoria. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 4 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Life Education Victoria to the Fair Work Commission for approval of the Life Education Group Enterprise Agreement 2017. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a modern award. The legal issues at hand revolved around whether the agreement met the criteria for approval as a modern award, specifically whether it provided for the safety, health, and welfare of employees and facilitated productivity and efficiency in the workplace.

The Commission examined the agreement to determine if it contained all the terms and conditions of employment, provided a safety net of minimum wages and conditions, and facilitated a cooperative workplace. The agreement was subject to scrutiny to ensure it aligned with the objectives of the Fair Work Act, including fair and equitable outcomes for employees and employers. The Commission also assessed whether the agreement provided adequate protections and benefits for employees, and whether it encouraged fair and efficient workplace practices.

In its decision, the Commission found that the Life Education Group Enterprise Agreement 2017 met the statutory requirements for approval. The agreement was deemed to provide for the safety, health, and welfare of employees, and to facilitate productivity and efficiency in the workplace. The Commission concluded that the agreement contained all the necessary terms and conditions of employment and provided a safety net of minimum wages and conditions. The Commission approved the agreement as a modern award, effective from the date of the decision. The Commission also noted that the agreement would provide fair and equitable outcomes for both employees and employers in the Life Education Victoria sector.

Life Education Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established