DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scotch Oakburn College Incorporated T/A Scotch Oakburn College
(AG2018/6720)

SCOTCH OAKBURN COLLEGE (TEACHERS) ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Scotch Oakburn College (Teachers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scotch Oakburn College (Teachers) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scotch Oakburn College Incorporated T/A Scotch Oakburn College. The Agreement is a single enterprise agreement.

[2] The Employer 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.202(4) of the Act, the model flexibility 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 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scotch Oakburn College Incorporated T/A Scotch Oakburn College sought approval for the Scotch Oakburn College (Teachers) Enterprise Agreement 2019 from the Fair Work Commission. The application arose from the college's request for the agreement to be approved under section 234 of the Fair Work Act 2009. The college argued that the agreement was in the best interests of the employees and the operations of the institution. The relevant union, the Australian Education Union, opposed the application, contending that the agreement did not meet the criteria for approval as it failed to ensure fair and equitable treatment of the teachers and did not adequately protect their working conditions.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the fair and equitable treatment of the employees and if it adequately safeguarded their working conditions. The Commission also had to consider whether the agreement was in the best interests of the employees and the institution.

In its decision, the Commission examined the provisions of the agreement and the submissions from both the college and the union. The Commission found that while the agreement contained some provisions that were beneficial to the employees, it also included clauses that could potentially lead to unfair treatment and inadequate protection of working conditions. However, the Commission concluded that the overall balance of the agreement was in the best interests of the employees and the college. The Commission took into account the college's financial position, the union's concerns, and the need to maintain a fair and equitable working environment for the teachers. Based on these considerations, the Commission approved the agreement, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the Scotch Oakburn College (Teachers) Enterprise Agreement 2019, subject to certain conditions aimed at ensuring fair and equitable treatment of the teachers. The Commission's decision recognised the need to balance the interests of the college and the employees while maintaining a fair and equitable working environment. The approval of the agreement allows the college to implement the provisions outlined in the agreement, subject to the conditions imposed by the Commission.

Scotch Oakburn College Incorporated T/A Scotch Oakburn College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established