DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Methodist Ladies' College
(AG2015/5464)

METHODIST LADIES' COLLEGE OPERATIONS STAFF AGREEMENT 2015-2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Methodist Ladies' College Operations Staff Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Methodist Ladies' College Operations Staff Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Independent Education Union of Western 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. As required by s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 16 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Methodist Ladies' College, sought approval of an operations staff agreement concerning its employees for the period 2015-2017. The respondent, the Independent Education Union of Australia, opposed the application. The matter was heard by the Fair Work Commission. The central legal issue was whether the agreement, which proposed various terms and conditions for the college's operations staff, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the union argued that the agreement failed to meet the criteria for an enterprise agreement as it did not provide for the prescribed minimum terms and conditions for the employees.

The Commission found that the agreement met the requirements of the Act. It noted that the proposed terms and conditions provided for a fair and reasonable framework for the employees, taking into account the nature of the college's operations. The Commission emphasised that the agreement was made in good faith and after genuine bargaining efforts, as required by the legislation. The union's objections were not sufficient to establish that the agreement was unfair or unreasonable. The Commission concluded that the agreement should be approved as it provided for the prescribed minimum terms and conditions and was in line with the principles of the Act.

Accordingly, the Commission approved the Methodist Ladies' College Operations Staff Agreement 2015-2017. The union's application for a review of the decision was dismissed. The agreement now serves as the governing document for the terms and conditions of employment for the college's operations staff for the specified period.

Methodist Ladies' College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established