DECISION

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

Scotch College Inc
(AG2015/6606)

SCOTCH COLLEGE ADELAIDE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER PLATT	ADELAIDE, 26 NOVEMBER 2015

Application for approval of the Scotch College Adelaide Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Scotch College Adelaide Enterprise Agreement 2015 (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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[3] 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.

[4] The Independent Education Union of Australia (IEU), 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Scotch College Inc sought approval of an enterprise agreement entered into with its employees, represented by the Australian Education Union (AEU). The application was heard in the Fair Work Commission, where the AEU contested the application, arguing that the proposed agreement did not comply with certain provisions of the Fair Work Act 2009. The central legal issues before the Commission were whether the proposed agreement was in the public interest and whether it complied with relevant provisions of the Fair Work Act. The Commission had to determine if the agreement met the statutory requirements for approval, including whether it provided for the minimum terms and conditions, and whether it was consistent with the public interest.

The Commission held that the proposed agreement did not provide for the minimum terms and conditions as required by the Fair Work Act. Specifically, the agreement did not include provisions for certain leave entitlements and did not provide for a mechanism for resolving disputes between the College and its employees. The Commission also found that the agreement was not in the public interest, as it did not provide for adequate protections for employees. In reaching its decision, the Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The Commission found that the proposed agreement did not meet the statutory requirements for approval and therefore rejected the application.

Consequently, the Fair Work Commission dismissed the application for approval of the proposed enterprise agreement. The Commission found that the agreement did not provide for the minimum terms and conditions and was not in the public interest. The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the statutory requirements and provide for adequate protections for employees. The Commission's decision also underscores the need for careful consideration of the provisions of the Fair Work Act when drafting enterprise agreements.

Scotch College Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established