DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penrhos College
(AG2018/3550)

PENRHOS COLLEGE OPERATIONAL SERVICES STAFF ENTERPRISE AGREEMENT 2018 - 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Penrhos College Operational Services Staff Enterprise Agreement 2018 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Penrhos College Operational Services Staff Enterprise Agreement 2018 to 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penrhos College. 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.

[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] The Agreement lodged contained an error at Clause 29.1 and Appendix 4. On 20 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I note that Clauses 16, 20 and 51.5 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 27 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Penrhos College for the approval of the Penrhos College Operational Services Staff Enterprise Agreement 2018 to 2019. The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the requirements of the Act and the Fair Work Regulations. The Commission was required to consider the agreement's compliance with the legislative framework and whether it provided for fair and reasonable terms and conditions of employment for the relevant employees.

The key legal issues before the Commission involved the interpretation and application of the Fair Work Act and the Fair Work Regulations to the proposed enterprise agreement. The Commission had to assess whether the agreement provided for terms and conditions that were no less favourable than the relevant national safety net awards or registered agreements. Additionally, the Commission examined whether the agreement contained any unfair terms or provisions that would render it unenforceable or invalid under the legislation.

The Fair Work Commission found that the proposed enterprise agreement was generally compliant with the requirements of the Fair Work Act and the Fair Work Regulations. The Commission noted that the agreement provided for terms and conditions that were at least as favourable as the relevant national safety net awards or registered agreements, and it did not contain any unfair terms or provisions that would render it unenforceable or invalid. The Commission also considered the parties' bargaining conduct and found that the agreement had been negotiated in good faith.

In light of the findings, the Fair Work Commission approved the Penrhos College Operational Services Staff Enterprise Agreement 2018 to 2019, effective from the date of the decision. The approval ensured that the agreement would provide the agreed terms and conditions of employment for the relevant employees and would be binding on both parties for the duration of the agreement.

Penrhos College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established