DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seymour College Inc T/A Seymour College
(AG2017/6152)

SEYMOUR COLLEGE INC ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 19 MARCH 2018

Application for approval of the Seymour College Inc Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Seymour College Inc Enterprise Agreement 2017 (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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Seymour College Inc, trading as Seymour College, applied to the Fair Work Commission for approval of the Seymour College Inc Enterprise Agreement 2017. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was fair, free from coercion and contained appropriate provisions for employees' working conditions and entitlements.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was free from prohibited content, met the "better off overall test" and was made in good faith. The college argued that the agreement was fair and met all statutory requirements, while no other party contested the agreement. The Commission needed to examine the provisions of the agreement and the process through which it was made to determine its validity.

In examining the agreement, the Commission considered the terms and conditions it contained, the process by which it was negotiated, and whether it met the "better off overall test." The Commission found that the agreement was free from prohibited content, was made in good faith and contained appropriate provisions for employees. The agreement was found to meet the "better off overall test" as it provided for appropriate pay and conditions for the employees. The Commission approved the agreement, finding that it complied with all relevant statutory requirements.

The Commission approved the Seymour College Inc Enterprise Agreement 2017, finding it met all requirements under the Fair Work Act. The college may now implement the agreement, which provides for appropriate terms and conditions for its employees.

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