DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regent College Inc T/A Regent College
(AG2016/6882)

REGENT COLLEGE INC ENTERPRISE BARGAINING AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 7 FEBRUARY 2017

Application for approval of the Regent College Inc Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Regent College Inc Enterprise Bargaining 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 Regent College Inc T/A Regent College. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] 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.

[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 14 February 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regent College Inc T/A Regent College sought approval for their Enterprise Bargaining Agreement 2016, which was to govern the terms and conditions of employment for their employees. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The Commission's role was to ensure that the agreement was fair and reasonable and did not undermine the minimum protections provided by the National Employment Standards and other relevant awards and agreements.

The primary legal issues before the Commission were whether the agreement contained all the required terms, whether it was a genuine enterprise agreement, and whether it complied with the good faith bargaining provisions. Additionally, the Commission had to consider whether the agreement was consistent with the public interest and did not adversely affect employees' job security. The Commission was also required to examine whether the agreement provided for adequate dispute resolution mechanisms.

In reaching its decision, the Commission found that the agreement contained all the necessary terms, was a genuine enterprise agreement, and complied with the good faith bargaining provisions. The Commission also concluded that the agreement did not adversely affect employees' job security and was consistent with the public interest. The Commission further found that the agreement provided for adequate dispute resolution mechanisms. The Commission approved the Enterprise Bargaining Agreement 2016, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Bargaining Agreement 2016, subject to modifications that addressed the concerns raised during the hearing. These modifications included the addition of a clause that ensured employees were not disadvantaged by the agreement and the clarification of certain terms to ensure compliance with the Fair Work Act 2009. The modifications also included the addition of a clause that provided for the review of the agreement by the Commission after a specified period.

Regent College Inc T/A Regent College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established