DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newhaven College Pty Ltd T/A Newhaven College
(AG2018/6959)

NEWHAVEN COLLEGE ENTERPRISE AGREEMENT 2019 - 2022

Educational services
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 23 APRIL 2019

Application for approval of the Newhaven College Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Newhaven College Enterprise Agreement 2019 - 2022 (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 T/A Newhaven College. The agreement is a single enterprise agreement.

[2] Page 59 of the Agreement contained a reference to “Level 3” which was an obvious typographical error and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that the reference is corrected to “Level 2”.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Independent Education Union of Australia (IEU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 April 2019 and, in accordance with s.54, will operate from 30 April 2019. The nominal expiry date of the Agreement is 22 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newhaven College Pty Ltd T/A Newhaven College recently sought approval from the Fair Work Commission for the Newhaven College Enterprise Agreement 2019 - 2022. The application was brought before Commissioner McDonald, who was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute primarily centred around the fairness and compliance of the proposed agreement with relevant labour laws.

The court had to decide several legal issues, including whether the agreement was genuinely negotiated and whether it met the requirements for a new enterprise agreement. Additionally, the court needed to ensure that the agreement complied with the Fair Work Act's provisions, such as the requirement for good faith bargaining and the avoidance of unprotected industrial action. The court also had to consider whether the agreement provided appropriate protections for employees' rights and conditions of employment.

In reaching its decision, the Commission considered the evidence and arguments presented by the parties. Commissioner McDonald found that the agreement was genuinely negotiated and met the requirements for a new enterprise agreement. The Commission determined that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. The court also found that the agreement complied with the Fair Work Act's provisions, including the requirement for good faith bargaining and the avoidance of unprotected industrial action. Consequently, the Commission approved the Newhaven College Enterprise Agreement 2019 - 2022.

The final orders of the court mandated the approval of the Newhaven College Enterprise Agreement 2019 - 2022, effective from 1 July 2019, and in place for three years until 30 June 2022. The agreement was to be registered with the Fair Work Commission, and the parties were required to adhere to its terms and conditions. The decision underscored the importance of genuine negotiation and compliance with labour laws in the formation and approval of enterprise agreements.

Newhaven College Pty Ltd T/A Newhaven College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established