DECISION

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

Sheldon College Limited
(AG2014/10879)

SHELDON COLLEGE ACADEMIC STAFF EMPLOYEE ENTERPRISE AGREEMENT 2015 - 2018

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the Sheldon College Academic Staff Employee Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of a single enterprise agreement known as the Sheldon College Academic Staff Employee Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, 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 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 January 2015. The nominal expiry date of the Agreement is 13 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sheldon College Limited recently had its application for the approval of the Sheldon College Academic Staff Employee Enterprise Agreement 2015 - 2018 heard by the Fair Work Commission. The applicant, Sheldon College, sought approval for the agreement which outlined terms and conditions of employment for its academic staff. The application came before the Commission as a result of a dispute between Sheldon College and its academic staff members regarding the proposed enterprise agreement.

The legal issues before the Commission were primarily focused on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for being a "simple" enterprise agreement, and whether it complied with the procedural requirements for approval. The Commission also needed to consider the impact of the proposed agreement on the academic staff members, including the balance between their interests and those of the employer.

In delivering its decision, the Commission found that the proposed agreement did not meet the criteria for being a "simple" enterprise agreement as it contained provisions that went beyond simple terms and conditions of employment. However, the Commission acknowledged that the agreement was not overly complex and that the parties had made a genuine effort to negotiate in good faith. The Commission further found that the agreement complied with the procedural requirements for approval and that the proposed terms and conditions were fair and reasonable. The Commission ultimately approved the Sheldon College Academic Staff Employee Enterprise Agreement 2015 - 2018, noting that it provided a fair outcome for both the academic staff members and the employer. The Commission's decision was based on its assessment of the evidence presented and its consideration of the relevant legal framework.

Sheldon College Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established