DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College
(AG2017/6675)

MOUNT SCOPUS MEMORIAL COLLEGE AND GANDEL BESEN HOUSE ADMINISTRATIVE SUPPORT STAFF AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2018

Application for approval of the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff 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 Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College. 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 14 May 2018. The nominal expiry date of the Agreement is 6 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mount Scopus Memorial College Limited, trading as Mount Scopus Memorial College, applied to the Fair Work Commission for approval of the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff Agreement 2017. The dispute centred on the fairness and applicability of the proposed agreement, which was intended to govern the terms and conditions of employment for administrative support staff at the college. The Fair Work Commission was the tribunal tasked with reviewing and approving the agreement.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, and if it was fit for purpose in terms of protecting the rights and interests of the employees. Specifically, the Commission needed to determine whether the agreement provided adequate safeguards, such as minimum wages and working conditions, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess if the agreement appropriately covered all the required topics and was free from unlawful content.

In rendering its decision, the Commission examined the evidence presented by both parties and considered the specific circumstances of the college and its staff. The Commission found that the agreement was made in good faith and without any form of coercion. It concluded that the agreement provided fair and reasonable terms for the employees, including appropriate wages and working conditions. The Commission also determined that the agreement was comprehensive and covered all necessary topics as per the legislative requirements. Consequently, the Commission approved the agreement, finding it to be fair and suitable for the administrative support staff at Mount Scopus Memorial College.

The final order of the Commission was to approve the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff Agreement 2017, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms of the administrative support staff at the college, providing them with the protections and rights as stipulated in the agreement.

Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established