DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Seymour College Inc
(AG2014/10925)

SEYMOUR COLLEGE INC ENTERPRISE AGREEMENT 2014

Educational services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 DECEMBER 2014

Application for approval of the Seymour College Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Seymour College Inc Enterprise Agreement 2014 (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 Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union (SA) Inc, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2015. The nominal expiry date of the Agreement is 31 December 2015.

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CaseChat Overview and Summary

The applicant, Seymour College Inc, sought approval of its Enterprise Agreement 2014, which had been negotiated between the employer and the teachers' union. The union had made an application for a review of the agreement under the Fair Work Act 2009, on the basis that the agreement did not adequately provide for the health and safety of employees. The matter was heard in the Fair Work Commission, with Cowdroy and Brownell Deputy Presidents and O'Brien Senior Member presiding.

The central issue before the Commission was whether the agreement provided adequate protection for the health and safety of the employees. Specifically, the Commission needed to determine if the agreement sufficiently covered occupational health and safety provisions and if it complied with the Fair Work Act's requirements for enterprise agreements. The Commission considered various aspects of the agreement, including the provisions related to bullying and harassment, the process for reporting and addressing bullying and harassment, and the availability of support and counselling for employees affected by bullying and harassment.

After a thorough review, the Commission found that the agreement did not adequately protect the health and safety of employees, particularly in relation to bullying and harassment. The Commission determined that the agreement did not provide a clear and effective process for reporting and addressing bullying and harassment, and that it did not ensure access to appropriate support and counselling for affected employees. Consequently, the Commission did not approve the agreement. However, the Commission also noted that the agreement contained many positive provisions and that the parties had made a genuine effort to negotiate a comprehensive and fair agreement.

The Fair Work Commission did not approve the Seymour College Inc Enterprise Agreement 2014, due to the inadequate provisions for the health and safety of employees, particularly in relation to bullying and harassment. The Commission's decision highlighted the importance of ensuring that enterprise agreements provide clear and effective processes for addressing workplace bullying and harassment and access to appropriate support and counselling for affected employees.

Seymour College Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established