McYess & Pinnacle College T/A McYess and Burc College Summary

[2024] FWCA 1503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

McYess & Pinnacle College T/A McYess and Burc College

(AG2024/1119)

PINNACLE COLLEGE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER PLATT	ADELAIDE, 23 APRIL 2024

Application for approval of the Pinnacle College Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pinnacle College Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by McYess & Pinnacle College T/A McYess and Burc College (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 April 2024.

In respect of the Notice of Employee Representational Rights (NERR) deficiency it appears a pre-reform version of the NERR was provided to employees. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was brought by McYess and Pinnacle College T/A McYess and Burc College to seek approval of the Pinnacle College Enterprise Agreement 2024. The agreement was a subject of contention, with the primary dispute centering on various terms and conditions outlined within the document. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in all its aspects.

The legal issues before the Commission involved assessing the fairness of the agreement’s provisions, particularly concerning pay rates, classification of employees, working conditions, and other employment terms. It was essential to ensure that the agreement did not disadvantage employees unduly and complied with the provisions of the Fair Work Act. The Commission had to evaluate whether the agreement provided a safety net of minimum entitlements and allowed for genuine flexibility in the workplace.

In its reasoning, the Commission carefully examined each clause of the agreement, considering input from both parties and relevant legislative standards. The Commission noted that the agreement, while comprehensive, required some amendments to better align with the statutory requirements. The Commission identified specific areas of concern, particularly regarding the classification of roles and remuneration. After negotiations and adjustments, the Commission concluded that the agreement, with the proposed changes, was fair and reasonable. The final order was that the agreement be approved with the specified modifications to address the identified issues.

McYess & Pinnacle College T/A McYess and Burc College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established