DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ormiston College Limited
(AG2019/4370)

ORMISTON COLLEGE WORKPLACE AGREEMENT 2019

Educational services
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Ormiston College Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ormiston College Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ormiston College Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 11 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ormiston College Limited applied to the Fair Work Commission for approval of its Workplace Agreement 2019. The application involved determining whether the agreement complied with the Fair Work Act 2009. The legal issues centred on whether the agreement adequately covered the required provisions, including those relating to employees' rights, obligations, and the process for resolving disputes. Additionally, the court needed to assess if the agreement was genuinely negotiated and if it provided fair terms and conditions for the employees.

The Fair Work Commission examined the agreement clause by clause, ensuring it met all legislative requirements. It considered whether the agreement appropriately outlined employees' rights, including minimum wage rates, leave entitlements, and working hours. The court also assessed if the agreement established a fair process for dispute resolution and whether the negotiation process was genuine, with meaningful input from both parties. Ultimately, the court determined that the agreement was compliant with the Act and approved it, finding that it provided fair terms and conditions for the employees.

The Fair Work Commission's decision to approve the agreement was based on its comprehensive review, confirming that all necessary provisions were included and that the negotiation process was genuine. The agreement was found to provide adequate protections and a fair process for resolving disputes, aligning with the requirements of the Fair Work Act 2009. The court's approval was a pivotal moment, ensuring that the agreement would serve as a legally binding framework for the employer and employees.

Ormiston College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established