DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peregian Beach Community College Ltd T/A Peregian Beach College
(AG2018/1045)

PEREGIAN BEACH COLLEGE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2018

Application for approval of the Peregian Beach College Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Peregian Beach College Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peregian Beach Community College Ltd T/A Peregian Beach 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peregian Beach Community College Ltd, trading as Peregian Beach College, applied to the Fair Work Commission for approval of the Peregian Beach College Enterprise Agreement 2018. The application arose from negotiations between the employer and the teachers' union, the Queensland Teachers' Union (QTU), regarding the terms and conditions of employment for teachers at the college. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions, particularly those concerning the negotiation and content of the agreement.

The primary legal issues before the Commission were whether the agreement had been genuinely bargained between the parties, whether it complied with the Fair Work Act 2009, and whether it met the requirements for the Commission's approval. The Commission also considered whether the agreement adequately addressed the needs of the employees and the employer and whether it met the statutory criteria for approval. The Commission examined the negotiation process, the content of the agreement, and the fairness and reasonableness of its provisions.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. The Commission determined that the agreement complied with the statutory requirements and met the criteria for approval. The Commission concluded that the agreement was in the best interests of the employees and the employer, taking into account the educational context of the college. The Commission approved the agreement, ensuring that it would now form the basis of the employment conditions for the teachers at Peregian Beach College.

The Fair Work Commission's decision was that the Peregian Beach College Enterprise Agreement 2018 was approved and would be registered with the Commission. This approval meant that the agreement would be legally binding on both the employer and the employees, providing a framework for their employment relationship moving forward. The Commission's approval signified that the agreement was fair, reasonable, and met all statutory requirements, thereby ensuring a stable and agreed-upon basis for the terms of employment at the college.

Peregian Beach Community College Ltd T/A Peregian Beach College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established