DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prince Alfred College
(AG2016/7474)

PRINCE ALFRED COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Prince Alfred College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Prince Alfred College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prince Alfred 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the employer of Prince Alfred College, sought approval of a proposed enterprise agreement with its employees. The agreement, if approved, would apply to various employees of the college, including teachers, support staff, and administrative personnel. The application was brought before the Commission to ensure that the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in accordance with the processes outlined in the Act, and if the terms and conditions of the agreement were fair and reasonable, particularly in relation to wages and other employment conditions.

In reaching its decision, the Commission examined the procedural aspects of the agreement, including whether proper consultation had occurred between the employer and the employees, and if the necessary steps for negotiation had been followed. The Commission also assessed the substantive fairness of the agreement, taking into account factors such as the financial capacity of the college, the needs of the employees, and the prevailing market conditions. The Commission found that the proposed agreement was fair and reasonable and met all the necessary legal requirements for approval.

Consequently, the Commission approved the Prince Alfred College Enterprise Agreement 2016, subject to any necessary amendments to address minor technical issues. The approval of the agreement ensures that the terms and conditions of employment for the college's employees are governed by a legally compliant and fair enterprise agreement.

Prince Alfred College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established