Shafston House College Limited Summary

[2013] FWCA 3028

FAIR WORK COMMISSION

DECISION

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

Shafston House College Limited
(AG2013/1091)

SHAFSTON HOUSE ELICOS TEACHERS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2013

Application for approval of the Shafston House ELICOS Teachers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shafston House ELICOS Teachers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Shafston House College Limited. The Agreement is a single-enterprise agreement.

[2] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 19 April 2013, and date of lodgement was 6 May 2013. The application was therefore 3 days out of time. In the correspondence received on 6 May 2013, sufficient reasons were outlined as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] 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.

[4] TheIndependent 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 14 May 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Shafston House College Limited sought approval of the Shafston House ELICOS Teachers Enterprise Agreement 2013. The dispute arose over whether the agreement met the requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly in terms of its coverage, procedural fairness, and the terms of employment it contained. The primary issue was whether the agreement was appropriately negotiated and if it complied with the legislative standards for minimum wages, leave entitlements, and procedural fairness.

The Commission examined the negotiation process and the content of the agreement to determine if it was fairly negotiated and met all statutory requirements. The court considered whether the agreement was made in good faith, whether the employer and employees had genuinely attempted to negotiate, and if the agreement covered the correct bargaining unit. Additionally, the Commission assessed the fairness of the terms regarding pay, leave, and other conditions of employment, ensuring they were consistent with the minimum standards set by the relevant industrial instruments.

After careful consideration of the evidence and arguments presented, the Commission determined that the Shafston House ELICOS Teachers Enterprise Agreement 2013 was approved. The decision was based on the finding that the agreement was genuinely negotiated, covered the correct bargaining unit, and provided terms and conditions of employment that met or exceeded the minimum standards. The Commission found that the negotiation process was conducted in good faith and that the agreement was fair and reasonable.

The final order was that the Shafston House ELICOS Teachers Enterprise Agreement 2013 was approved and would be registered by the Commission. This decision ensures that the agreement remains in effect, providing a legally binding framework for the terms of employment for the relevant teachers.

Shafston House College Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established