DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SCOTS PGC College
(AG2018/6949)

THE SCOTS PGC COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of The SCOTS PGC College Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as The SCOTS PGC College Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SCOTS PGC College.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] The Australian Nursing and Midwifery Federation and Independent Education Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 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

The case of SCOTS PGC College involves an application for the approval of an Enterprise Agreement. The applicant, SCOTS PGC College, sought the Fair Work Commission's (FWC) endorsement of the agreement, which was intended to govern the employment conditions of its workers. The application was brought under the Fair Work Act 2009, and the FWC was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues before the court centred around whether the Enterprise Agreement complied with the legislative framework set out in the Fair Work Act. Specifically, the FWC needed to consider if the agreement provided for a fair and efficient way of determining pay and conditions, and whether it included appropriate mechanisms for dispute resolution. Furthermore, the court had to assess if the agreement was free from any prohibited content, such as provisions that could undermine the protections afforded to employees.

In its decision, the FWC meticulously reviewed the contents of the Enterprise Agreement against the statutory criteria. The court found that the agreement was comprehensive and addressed the pay and conditions of employees in a manner consistent with the Act. The agreement included provisions for dispute resolution and was free from any content that would contravene the legislative requirements. Consequently, the FWC approved the agreement, recognising its compliance with the legal standards and its potential to facilitate a fair working environment.

No specific orders were mentioned in the decision, as the primary outcome was the approval of the Enterprise Agreement. However, the approval effectively authorises the agreement to serve as the governing document for the employment terms and conditions of the workers at SCOTS PGC College.

SCOTS PGC College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established