Newhaven College

[2013] FWCA 7956

FAIR WORK COMMISSION

DECISION

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

Newhaven College
(AG2013/9649)

NEWHAVEN COLLEGE ENTERPRISE AGREEMENT 2013 - 2016

Educational services
COMMISSIONER WILSON	MELBOURNE, 14 OCTOBER 2013

Application for approval of the Newhaven College Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Newhaven College Enterprise Agreement 2013 - 2016 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Newhaven College. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Independent Education Union Victoria Tasmania (the Union), 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 Union.

[4] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Employer. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2013. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Newhaven College applied for the approval of the Newhaven College Enterprise Agreement 2013-2016. The respondents, including various employee groups and unions, contested the application. The dispute centred on the fairness and compliance of the proposed agreement with relevant labour laws and standards.

The central legal issues the Commission had to resolve were whether the agreement met the procedural fairness requirements and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement contained appropriate mechanisms for resolving disputes between the parties.

After thorough examination, the Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and involved appropriate consultation with employee representatives. The Commission also determined that the agreement complied with the statutory provisions of the Fair Work Act. Furthermore, the agreement included adequate dispute resolution mechanisms. Consequently, the Commission approved the Newhaven College Enterprise Agreement 2013-2016, noting its compliance with the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established