Penrhos College

[2018] FWCA 7556

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Penrhos College

(AG2018/2467)

Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2018 to 2019

Educational services
Commissioner Gregory	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2018 to 2019.

An application has been made for approval of an enterprise agreement known as the Penrhos College Teaching & Counselling Staff Enterprise Bargaining 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.

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.

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.

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.

The Agreement lodged contained an error in the Table of Contents regarding Accident Pay and incorrect numbering of the Superannuation and Workers Compensation clauses. On 6 December 2018 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Penrhos College Teaching and Counselling Staff Enterprise Bargaining Agreement 2018 to 2019, which was being sought for approval. The dispute arose as the Fair Work Commission was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The court was tasked with examining the terms and conditions of the agreement, as well as ensuring they complied with the relevant legislative framework and did not adversely affect the employees or the employer.

The central legal issues before the court involved the assessment of the agreement's compliance with the statutory requirements, including the 'better-off-overall test'. This test required the court to determine whether the proposed agreement would be more beneficial overall to the employees than the existing award or agreement. Additionally, the court had to ensure the agreement did not undermine the integrity of the industrial relations system, and that it was not contrary to the public interest.

The court, after careful consideration of the evidence and submissions, found that the Penrhos College Teaching and Counselling Staff Enterprise Bargaining Agreement 2018 to 2019 met the necessary requirements for approval. The agreement was deemed to be more beneficial overall to the employees, satisfying the better-off-overall test. The court further found that the terms of the agreement did not undermine the integrity of the industrial relations system and were not contrary to the public interest. Consequently, the court approved the agreement, confirming its compliance with the Fair Work Act 2009.

The court ordered the approval of the Penrhos College Teaching and Counselling Staff Enterprise Bargaining Agreement 2018 to 2019, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of teaching and counselling staff at Penrhos College for the specified period, subject to the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established