DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penrhos College
(AG2019/4826)

PENRHOS COLLEGE TEACHING STAFF ENTERPRISE BARGAINING AGREEMENT 2020 TO 2022

Educational services
COMMISSIONER WILLIAMS	PERTH, 12 FEBRUARY 2020

Application for approval of the Penrhos College Teaching Staff Enterprise Bargaining Agreement 2020 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the Penrhos College Teaching Staff Enterprise Bargaining Agreement 2020 to 2022 (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 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 of the Act, will operate from 19 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Penrhos College Teaching Staff Enterprise Bargaining Agreement 2020 to 2022. The applicant, Penrhos College, sought to have the agreement approved under the Fair Work Act 2009. The respondent, the Australian Education Union, opposed the application. The nature of the dispute centred around various terms and conditions proposed in the agreement, including pay rates, working hours, and leave provisions.

The legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act and whether it complied with the relevant enterprise bargaining principles. Specifically, the Commission needed to consider if the agreement was made in good faith, whether it was within the scope of the enterprise bargaining process, and if it contained appropriate mechanisms for dispute resolution. The Commission also had to assess whether the agreement provided for a fair and reasonable outcome for both parties.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and contained provisions that were reasonable in the circumstances. The Commission found that the agreement was within the scope of the enterprise bargaining process and that it contained appropriate mechanisms for dispute resolution. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties. Consequently, the Commission approved the Penrhos College Teaching Staff Enterprise Bargaining Agreement 2020 to 2022.

No further orders were made by the Commission beyond the approval 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