DECISION

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

Seymour College Inc T/A Seymour College
(AG2016/2687)

SEYMOUR COLLEGE INC ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Seymour College Inc Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Seymour College Inc Enterprise Agreement 2016 (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 T/A Seymour College. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation 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 was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Seymour College Inc trading as Seymour College (the Applicant) and the Independent Education Union of Australia (Vic Branch) (the Respondent). The Applicant sought approval of the Enterprise Agreement 2016, which sought to regulate the terms and conditions of employment for certain teachers at the College. The Respondent opposed the application, arguing that the proposed agreement was not fair and reasonable, particularly in relation to the terms concerning pay and conditions for teachers.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable in accordance with the Fair Work Act 2009. This involved assessing whether the agreement provided for the minimum entitlements of employees as set out in the Act, and whether it balanced the interests of both employers and employees fairly. Specific concerns raised by the Respondent included provisions related to salary, workload, and the definition of certain employee categories, which were argued to be unfair and not reflective of the broader context of educational institutions.

The Commission, after hearing arguments from both parties and considering the evidence presented, found that the proposed agreement did not meet the statutory requirement of being fair and reasonable. The Commission identified several provisions that were problematic, particularly those relating to salary increments and the classification of teachers. The Commission concluded that these provisions did not adequately balance the interests of the employees and the employer, and as such, the agreement did not comply with the statutory standards. Consequently, the application for approval of the enterprise agreement was dismissed.

The Commission did not make any orders for approval of the enterprise agreement. The parties were directed to continue negotiations in good faith to reach an agreement that met the statutory requirements of fairness and reasonableness. The Commission emphasised the importance of reaching an agreement that was equitable for both the employees and the employer, and highlighted the need for such agreements to reflect the specific context of the educational sector.

Seymour College Inc T/A Seymour College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established