DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sheldon College Limited T/A Sheldon College
(AG2019/3368)

SHELDON COLLEGE CORPORATE STAFF EMPLOYEE ENTERPRISE AGREEMENT 2019 - 2022

Educational services
COMMISSIONER JOHNS	CANBERRA, 11 OCTOBER 2019

Application for approval of the Sheldon College Corporate Staff Employee Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Sheldon College Corporate Staff Employee Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sheldon College Limited T/A Sheldon College. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 18 October 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sheldon College Limited T/A Sheldon College sought approval for the Sheldon College Corporate Staff Employee Enterprise Agreement 2019-2022, a matter that came before the Fair Work Commission. The application was brought forth to ensure the agreement complied with the Fair Work Act 2009 and its regulations. The dispute centred around whether the agreement adequately covered the required terms and conditions for the corporate staff and if it aligned with the legislative framework.

The legal issues that the commission had to address involved verifying if the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. This included scrutinising the agreement to confirm it covered all mandatory terms and conditions as required by the Act, and whether it had been genuinely negotiated between the employer and the employees. Furthermore, the commission needed to ensure the agreement did not adversely affect employees in a manner inconsistent with the Act.

The commission deliberated on the provisions of the agreement, considering the negotiation process and the content of the agreement. The court found that the agreement was comprehensive and included all mandatory terms and conditions. It was satisfied that the agreement had been genuinely negotiated, with the necessary consultation and representation from the employees. Consequently, the commission approved the Sheldon College Corporate Staff Employee Enterprise Agreement 2019-2022, finding it to be compliant with the statutory requirements.

In approving the agreement, the commission noted its alignment with the Fair Work Act 2009 and its regulations, ensuring the terms and conditions were fair and consistent with the legislative framework. The approval was granted subject to the conditions set out in the decision. This decision finalised the application for approval of the enterprise agreement, confirming its compliance and allowing it to come into effect as per the stipulated period.

Sheldon College Limited T/A Sheldon College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established