Scotch Oakburn College Incorporated T/A Scotch Oakburn College Summary

[2024] FWCA 218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Scotch Oakburn College Incorporated T/A Scotch Oakburn College

(AG2023/4677)

SCOTCH OAKBURN COLLEGE (STAFF) ENTERPRISE AGREEMENT, 2024 - 2027

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 31 JANUARY 2024

Application for approval of the Scotch Oakburn College Staff Enterprise Agreement, 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Scotch Oakburn College Staff Enterprise Agreement, 2024 - 2027 (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.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 7 February 2024. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Scotch Oakburn College Incorporated, trading as Scotch Oakburn College, which sought approval for the Staff Enterprise Agreement for the years 2024 to 2027. The application was heard in the Fair Work Commission, a tribunal responsible for overseeing the enforcement of workplace laws in Australia. The primary dispute centred on whether the proposed agreement complied with the necessary legal requirements and whether it was appropriate for the employees of the college.

The central legal issue was whether the proposed Staff Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms and conditions, including those relating to wages, hours of work, leave entitlements, and other essential workplace provisions. Additionally, the court examined whether the agreement was made in good faith and without coercion, and if it was fair and reasonable in the circumstances.

In delivering its decision, the Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements. The commission noted that the agreement comprehensively addressed all mandatory terms and conditions as prescribed by the Fair Work Act. It also concluded that the agreement was made in good faith, without any evidence of coercion, and was fair and reasonable considering the context of the negotiations. Consequently, the commission approved the Staff Enterprise Agreement, finding it to be compliant with all relevant legal standards.

The final orders of the commission were that the Staff Enterprise Agreement for the years 2024 to 2027 be approved and registered, effective from the date of the decision. The commission's approval ensures that the agreement is legally enforceable, providing a clear framework for the employment relationship between Scotch Oakburn College and its staff during the specified period.

Scotch Oakburn College Incorporated T/A Scotch Oakburn College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established