Scotch College Inc

[2013] FWCA 8164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Scotch College Inc
(AG2013/9526)

SCOTCH COLLEGE ADELAIDE ENTERPRISE AGREEMENT 2013

Educational services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 OCTOBER 2013

Application for approval of the Scotch College Adelaide Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Scotch College Adelaide Enterprise Agreement 2013 (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 Inc. The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2013. The nominal expiry date of the Agreement is 31 January 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scotch College Inc sought approval of the Scotch College Adelaide Enterprise Agreement 2013. The application was made to the Fair Work Commission, which has the power to approve enterprise agreements under the Fair Work Act 2009. The agreement was proposed between Scotch College Inc and its employees, represented by the Australian Education Union and the Independent Education Union of Australia.

The primary legal issue was whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. This included ensuring the agreement did not adversely affect employees' job security, wages, terms and conditions of employment, or other benefits. The court also had to consider whether the agreement was made in good faith and whether it had been properly negotiated.

The Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The agreement did not adversely affect employees' job security, wages, terms and conditions of employment, or other benefits. The Commission was satisfied that the agreement had been made in good faith and had been properly negotiated. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees.

The Fair Work Commission approved the Scotch College Adelaide Enterprise Agreement 2013, subject to certain conditions and modifications. The agreement was to be in effect from 1 January 2014 and was to remain in force until 31 December 2017. The Commission also directed that the agreement be published on the Fair Work Commission's website and that a copy be provided to the Australian Education Union and the Independent Education Union of Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established