Seymour College Adelaide Inc. T/A Seymour College

[2023] FWCA 1182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seymour College Adelaide Inc. T/A Seymour College

(AG2023/754)

SEYMOUR COLLEGE INC ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER SIMPSON	BRISBANE, 26 APRIL 2023

Application for approval of the Seymour College Inc Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Seymour College Inc Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seymour College Adelaide Inc. T/A Seymour College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 Independent Education Union of Australia (IEU) raised a number of issues in its Form F18. I have considered the submissions of both parties and I am satisfied the Applicant’s submissions resolve the concerns.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The IEU lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Seymour College Adelaide Inc. applied for approval of the Seymour College Inc Enterprise Agreement 2023. The agreement, which was made between the college and its teachers, was submitted to the Commission for its approval. The college is a private secondary educational institution in Adelaide, and the teachers are represented by the Australian Education Union.

The key legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for a "better off overall" test. The Commission examined the provisions of the agreement to determine if they provided for fair and reasonable terms and conditions of employment for the teachers, and if the agreement ensured that no employee would be worse off in terms of their overall conditions of employment.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the teachers. It concluded that the agreement was in the best interests of the employees and that the teachers would be better off overall if the agreement was approved. The Commission noted that the agreement included provisions for minimum rates of pay, leave entitlements, and other benefits, which were deemed fair and reasonable. The Commission also considered the views of the parties and the evidence presented during the hearing.

The Fair Work Commission approved the Seymour College Inc Enterprise Agreement 2023. The Commission determined that the agreement met all the necessary legal requirements and provided fair and reasonable terms and conditions for the teachers. The approval ensures that the agreement will be in effect, providing a stable and predictable employment framework for the teachers at Seymour College Adelaide Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established