DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scotch College Adelaide Incorporated T/A Scotch College Adelaide
(AG2017/2762)

SCOTCH COLLEGE ADELAIDE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 OCTOBER 2017

Application for approval of the Scotch College Adelaide Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scotch College Adelaide Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scotch College Adelaide Incorporated T/A Scotch College Adelaide. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 10 October 2017 and, in accordance with s.54, will operate from 17 October 2017. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scotch College Adelaide Incorporated, trading as Scotch College Adelaide, applied to the Fair Work Commission for approval of the Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees at the college. The primary legal issues before the Commission were whether the agreement was made in good faith and whether it met the "better off overall" test, ensuring that employees would not be worse off under the new agreement compared to their previous conditions.

The Commission examined the process through which the agreement was negotiated, the content of the agreement, and whether it provided for fair and reasonable terms and conditions. The evidence presented showed that the negotiation process was conducted in good faith, with both parties engaging in meaningful discussions. The agreement itself was analysed to determine if it provided employees with a fair and reasonable set of terms and conditions. The Commission considered whether the agreement provided a balance between the interests of the employer and the employees, ensuring that it met the "better off overall" test.

The Fair Work Commission found that the agreement was made in good faith and met the "better off overall" test. The Commission approved the Enterprise Agreement 2017, determining that it provided fair and reasonable terms and conditions of employment for the employees at Scotch College Adelaide. The Commission's decision was based on the evidence presented and the analysis of the agreement's provisions. The approval of the agreement ensures that the terms and conditions of employment are legally binding on both the college and its employees.

Scotch College Adelaide Incorporated T/A Scotch College Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established