DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scotch Oakburn College Inc
(AG2019/5020)

SCOTCH OAKBURN COLLEGE (NON-TEACHING STAFF) ENTERPRISE AGREEMENT 2020-2023

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 MARCH 2020

Application for approval of the Scotch Oakburn College (Non-Teaching Staff) Enterprise Agreement 2020-2023.

[1] Scotch Oakburn College Inc has applied for approval of a single enterprise agreement known as the Scotch Oakburn College (Non-Teaching Staff) Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, and whether the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application by filing an amended Agreement page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3.2 of the Agreement, I am satisfied that the terms of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, amended Agreement page and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Independent Education Union of Australia (Victoria/Tasmania Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 3 March 2020 and, in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scotch Oakburn College Inc, a Christian school in Victoria, sought approval of a proposed enterprise agreement for its non-teaching staff. The Fair Work Commission was the tribunal that heard the application. The matter involved the interpretation and application of the Fair Work Act 2009 and the Fair Work (Enterprise Bargaining) Act 2009 to the proposed enterprise agreement.

The central legal issue was whether the proposed agreement was in the best interests of the non-teaching employees, considering the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the requirements of being in the best interests of the employees, including whether it provided fair and reasonable terms and conditions of employment.

The Commission concluded that the proposed agreement was in the best interests of the non-teaching employees. The agreement provided for fair and reasonable terms, taking into account the educational mission of the school, the financial position of the school, and the needs of the employees. The Commission found that the agreement appropriately balanced the interests of the employees, the school, and the broader community.

As a result of the Commission's decision, the proposed enterprise agreement was approved, and it will govern the employment terms and conditions of the non-teaching staff at Scotch Oakburn College for the period 2020-2023.

Scotch Oakburn 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