DECISION

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

Sheldon College Limited
(AG2015/4543)

SHELDON COLLEGE CORPORATE STAFF EMPLOYEE ENTERPRISE AGREEMENT 2015 - 2018

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 SEPTEMBER 2015

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

[1] An application has been made for approval of a single enterprise agreement known as the Sheldon College Corporate 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 Sheldon College Limited.

[2] 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] On 11 September 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to 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 is approved and, in accordance with s.54 of the Act, will operate from 24 September 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sheldon College Limited applied to the Fair Work Commission for approval of the Sheldon College Corporate Staff Employee Enterprise Agreement 2015-2018. The applicant argued that the agreement contained provisions that complied with the Fair Work Act 2009. The application was opposed by the Australian Education Union, which argued that certain provisions of the agreement were contrary to the Fair Work Act. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement complied with the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement contained provisions that were contrary to the Fair Work Act, and whether the agreement met the requirements for approval under the Act. In particular, the Commission needed to consider whether the agreement provided for minimum terms and conditions of employment, whether it was consistent with the national employment standards, and whether it met the requirements for individual flexibility arrangements. The Commission also needed to consider the submissions made by the applicant and the opposing party, and to apply the relevant provisions of the Fair Work Act in making its decision.

After considering the submissions and evidence, the Fair Work Commission found that the agreement contained provisions that were contrary to the Fair Work Act. The Commission held that certain provisions of the agreement, which related to the calculation of penalty rates and overtime, were not consistent with the national employment standards. The Commission also found that the agreement did not meet the requirements for individual flexibility arrangements, as it did not provide for appropriate safeguards for employees. Accordingly, the Commission refused to approve the agreement. In reaching its decision, the Commission applied the relevant provisions of the Fair Work Act and considered the principles of statutory interpretation.

The Fair Work Commission's decision provides important guidance for employers and employees who are seeking to negotiate enterprise agreements. The Commission's findings highlight the need for agreements to comply with the statutory requirements for approval, and to provide for minimum terms and conditions of employment that are consistent with the national employment standards. The decision also underscores the importance of individual flexibility arrangements, and the need for appropriate safeguards for employees. The refusal to approve the agreement in this case serves as a reminder that enterprise agreements must be carefully negotiated to ensure that they meet the requirements of the Fair Work Act.

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