DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penrhos College
(AG2015/4257)

PENRHOS COLLEGE OPERATIONAL SERVICES STAFF (ENTERPRISE) AGREEMENT, 2015 - 2017

Educational services
COMMISSIONER ROE	MELBOURNE, 14 AUGUST 2015

Application for approval of the Penrhos College Operational Services Staff (Enterprise) Agreement, 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Penrhos College Operational Services Staff (Enterprise) Agreement, 2015 - 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation 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 was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Penrhos College and its operational services staff, where the primary dispute centres on the application for approval of the Penrhos College Operational Services Staff (Enterprise) Agreement for the years 2015 to 2017. The matter was brought before the Fair Work Commission, Australia’s workplace relations tribunal, to determine whether the agreement met the necessary legal criteria for approval.

The legal issues at hand required the tribunal to assess whether the agreement was a bona fide enterprise agreement, whether it was made in accordance with the relevant provisions of the Fair Work Act 2009, and if it contained provisions that were consistent with the objectives of the Act, including the protection of employees’ rights and interests. Additionally, the tribunal needed to ensure that the agreement was made without undue influence or coercion and that it complied with the procedural requirements outlined in the legislation.

In its decision, the tribunal examined the process through which the agreement was developed, including the level of employee and employer consultation. It considered whether the agreement fairly represented the interests of both parties and whether it adhered to the provisions of the Fair Work Act. The tribunal also scrutinised the content of the agreement to ensure it was consistent with the principles of good faith bargaining and did not unfairly disadvantage any party. Ultimately, the tribunal found that the agreement met all the necessary legal criteria and approved the Penrhos College Operational Services Staff (Enterprise) Agreement for the specified period.

The tribunal's final orders included the approval of the agreement, emphasising that it was fair and appropriate for the employees covered by the agreement. The decision underscored the importance of ensuring that enterprise agreements are made in accordance with the law and serve the best interests of both employers and employees.

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