DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth College T/A Perth College Inc
(AG2020/3674)

PERTH COLLEGE TEACHERS ENTERPRISE BARGAINING AGREEMENT 2020 - 2022

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Perth College Teachers Enterprise Bargaining Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Perth College Teachers Enterprise Bargaining Agreement 2020 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth College T/A Perth College Inc. 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] I note that Clauses 42.3, 23.2, 49.7.1, 48.2.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Notice of Representational Rights (Notice) provided with the Application contained additional content not otherwise prescribed by the Regulations, such as the name and position title of the sender. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[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 30 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

1 [2019] FWCFB 6960

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Perth College T/A Perth College Inc, the applicant, sought approval of the Perth College Teachers Enterprise Bargaining Agreement 2020-2022 from the Fair Work Commission. The dispute arose from disagreements over certain terms and conditions within the proposed agreement, which was intended to govern the employment of teachers at the college. The Fair Work Commission, presided over by Deputy President Scott, was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural requirements for approval, and whether the terms of the agreement were consistent with the objectives of the Fair Work Act. Specifically, the Commission needed to ascertain whether the agreement had been fairly negotiated and whether it provided for minimum wages and conditions that were no less favourable than those prescribed by the relevant awards or safety nets. Additionally, the Commission examined whether the agreement was in the best interests of the employees it sought to cover.

In its reasoning, the Commission noted that the applicant had demonstrated compliance with the procedural requirements, including providing the necessary notice and information to the relevant employee representatives. The Commission found that the agreement had been fairly negotiated, with both parties engaging in good faith throughout the process. Furthermore, the Commission concluded that the proposed agreement provided for minimum wages and conditions that met or exceeded the relevant safety nets, and that the agreement was in the best interests of the employees it sought to cover. Given these findings, the Commission approved the Perth College Teachers Enterprise Bargaining Agreement 2020-2022.

The Fair Work Commission approved the Perth College Teachers Enterprise Bargaining Agreement 2020-2022, finding that it met the statutory requirements for approval and was in the best interests of the employees it sought to cover. This decision serves as a reminder of the importance of fair negotiation and compliance with procedural requirements when seeking approval for enterprise bargaining agreements.

Perth College T/A Perth College Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established