Sheldon College T/A Sheldon College Limited Summary

[2023] FWCA 2020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sheldon College T/A Sheldon College Limited

(AG2023/1890)

SHELDON COLLEGE CORPORATE STAFF ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER MATHESON	SYDNEY, 3 JULY 2023

Application for approval of the Sheldon College Corporate Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Sheldon College Corporate Staff Enterprise Agreement 2023 (Agreement). The application was made by Sheldon College (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The notification time for the Agreement is a date prior to 6 June 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 ad 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Sheldon College T/A Sheldon College Limited, the Fair Work Commission was presented with an application to approve the Sheldon College Corporate Staff Enterprise Agreement 2023. The dispute arose between the employer, Sheldon College, and its employees, represented by a union. The focus of the application was to confirm the terms and conditions of employment outlined in the proposed agreement.

The primary legal issues the court had to address included whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. The court needed to ensure that the agreement provided fair and reasonable terms for both parties, covered all necessary aspects of employment, and did not contain any provisions that would be contrary to public policy or be unfair. Additionally, the court examined whether the agreement was genuinely negotiated and whether the union had adequately represented its members in the bargaining process.

In its reasoning, the court found that the Sheldon College Corporate Staff Enterprise Agreement 2023 was generally in compliance with the statutory requirements. The agreement contained all the mandated terms and conditions as prescribed by the Fair Work Act 2009. The court noted that the terms were fair and reasonable, and there were no provisions that were contrary to public policy. Furthermore, the court confirmed that the agreement had been genuinely negotiated and that the union had adequately represented its members throughout the bargaining process. Based on these findings, the court approved the agreement.

The court's final order was to approve the Sheldon College Corporate Staff Enterprise Agreement 2023, thereby confirming its validity and enforceability under the Fair Work Act 2009. This decision provided certainty to both the employer and the employees regarding the terms of their employment, ensuring that the agreement could be implemented without further legal challenges.

Sheldon College T/A Sheldon College Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established