Redlands College Ltd

[2024] FWCA 3501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redlands College Ltd

(AG2024/3360)

REDLANDS COLLEGE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER MCKINNON	SYDNEY, 4 OCTOBER 2024

Application for approval of the Redlands College Enterprise Agreement 2025

Redlands College Ltd has applied for approval of a single enterprise agreement known as the Redlands College Enterprise Agreement 2025 (the Agreement).

The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that despite the oversight, the Agreement has been genuinely agreed.

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 11 October 2024. The nominal expiry date of the Agreement is 4 October 2028.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Redlands College Enterprise Agreement 2025. Redlands College Ltd, an educational institution, sought approval of the agreement which was to be applied to its employees. The application was contested by the Queensland Teachers’ Union, representing the interests of some of the college's employees. The central issue before the commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of fair and reasonable terms and conditions of employment.

The commission had to consider whether the agreement provided for minimum rates of pay, allowances, and conditions that were not less favourable than the relevant industrial instrument. It was also necessary to examine if the agreement complied with the process requirements under the Fair Work Act, including adequate consultation and the provision of relevant information to employees. Additionally, the commission had to assess whether the agreement was consistent with the national workplace relations framework and did not adversely affect the operation of the national system.

After careful consideration of the submissions and evidence provided by both parties, the commission found that the Redlands College Enterprise Agreement 2025 met the statutory requirements. The agreement provided for terms and conditions that were fair and reasonable, and it complied with the mandatory process requirements of the Fair Work Act. The commission also concluded that the agreement did not conflict with the national workplace relations framework. Consequently, the commission approved the Redlands College Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established