DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penrhos College
(AG2014/10869)

PENRHOS COLLEGE TEACHING & COUNSELLING STAFF ENTERPRISE BARGAINING AGREEMENT 2015 TO 2017

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2015 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2015 to 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.

[3] The Independent Education Union of Western Australia, Union of Employees 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 of the Act, will operate from 11 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Penrhos College and its staff, who were seeking approval of a particular enterprise bargaining agreement. The application was brought before the Fair Work Commission. The agreement in question, the Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2015 to 2017, was intended to establish terms and conditions of employment for teaching and counselling staff at Penrhos College. The central dispute revolved around whether the proposed terms and conditions in the agreement complied with the relevant statutory framework and if they were in the best interests of the employees and the institution.

The primary legal issues before the Commission were whether the agreement was within the scope of the Fair Work Act, if it met the criteria for being a genuine enterprise agreement, and if the process for its negotiation and approval was procedurally correct. The Commission had to determine if the agreement complied with the substantive provisions of the Fair Work Act, including provisions related to minimum entitlements and the protection of employees’ rights. The Commission also needed to consider the broader context of the agreement, including the economic and operational circumstances of Penrhos College.

The Fair Work Commission found that the proposed agreement met the necessary legal requirements. The Commission considered the agreement to be within the scope of the Fair Work Act and concluded that it was a genuine enterprise agreement. The process for negotiation and approval was deemed to have been procedurally correct, with all necessary steps taken to ensure that the agreement represented the views of the employees and was in their best interests. The Commission also found that the agreement contained terms that were not less favourable than the applicable minimum standards and did not undermine the protection of employees’ rights. In light of these findings, the Commission approved the Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2015 to 2017.

The final orders of the Fair Work Commission included the approval of the Penrhos College Teaching & Counselling Staff Enterprise Bargaining Agreement 2015 to 2017, which would now govern the terms and conditions of employment for the relevant staff at Penrhos College. The Commission also directed that the agreement be registered on the Register of Approved Agreements, and that it would come into effect on the date specified within 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