DECISION

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

Ormiston College
(AG2015/2886)

ORMISTON COLLEGE WORKPLACE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2015

Application for approval of the Ormiston College Workplace Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Ormiston College Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ormiston College.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 July 2015. The nominal expiry date of the Agreement is 8 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ormiston College, an independent Christian school in Queensland, sought approval of a workplace agreement, Ormiston College Workplace Agreement 2015, under the Fair Work Act 2009. The dispute arose when a group of teachers contested the agreement's validity, arguing it did not meet the legislative requirements for an enterprise agreement. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act.

The primary legal issues before the Commission were whether the agreement was an enterprise agreement, if it had been genuinely agreed to by the parties, and if it contained the required terms and conditions. The teachers argued that the agreement was not genuinely bargained as it had been unilaterally imposed by the College. They also contended that the agreement failed to include certain mandatory terms and conditions as stipulated in the Fair Work Act. The College maintained that the agreement was a genuine enterprise agreement that complied with all legislative requirements.

The Fair Work Commission found that the agreement was indeed an enterprise agreement and had been genuinely agreed to by the parties. The Commission dismissed the argument that the agreement was unilaterally imposed, noting that there had been a process of negotiation between the parties. The Commission also found that the agreement contained all the required terms and conditions, including those for remuneration and other employment terms. Consequently, the Commission approved the Ormiston College Workplace Agreement 2015. The teachers' application for the agreement's disapproval was dismissed.

Ormiston College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established