DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redlands Combined Independent College Incorporated T/A Redlands College
(AG2018/3522)

REDLANDS COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER BISSETT	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Redlands College Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Redlands College Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redlands Combined Independent College Incorporated T/A Redlands College. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 1 January 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Redlands Combined Independent College Incorporated, trading as Redlands College, applied to the Fair Work Commission for approval of the Redlands College Enterprise Agreement 2019. The application arose from a dispute concerning the terms of employment for teachers at the College, focusing on issues such as wages, working conditions, and other employment terms. The primary concern was whether the proposed agreement adequately met the legal requirements for an enterprise agreement under the Fair Work Act 2009. The dispute involved the balance between the rights of the employees and the operational needs of the educational institution.

The legal issues before the Commission involved the interpretation and application of relevant sections of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "certified agreement" as defined by the Act, and whether it satisfied the criteria for approval, including the "better off overall test" (BOOT) and the "independent test." The Commission also needed to ensure that the agreement was made in good faith and complied with all procedural requirements. Furthermore, the Commission had to consider if the agreement appropriately addressed the needs and interests of both the employees and the employer.

In assessing the application, the Fair Work Commission examined the terms and provisions of the Redlands College Enterprise Agreement 2019. The Commission found that the agreement met the statutory criteria for approval, including the better off overall test, as it provided employees with benefits that were sufficiently favourable compared to the applicable awards or other agreements. The Commission concluded that the agreement was made in good faith and adhered to all procedural requirements, ensuring it complied with the Fair Work Act 2009. Consequently, the Commission approved the agreement, acknowledging it as a certified agreement that appropriately balanced the interests of both the employees and the employer.

The Fair Work Commission approved the Redlands College Enterprise Agreement 2019, finding it to be a certified agreement that met all statutory requirements. The Commission's decision affirmed that the agreement provided employees with favourable terms and conditions, thereby satisfying the better off overall test. The approval ensured that the agreement would serve as the basis for employment terms between the Redlands College and its teachers, reflecting a fair and balanced resolution to the dispute.

Redlands Combined Independent College Incorporated T/A Redlands College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established