Sheldon College T/A Sheldon College Limited Summary

[2023] FWCA 2990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sheldon College T/A Sheldon College Limited

(AG2023/2866)

SHELDON COLLEGE ACADEMIC STAFF ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2023

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

Sheldon College T/A Sheldon College Limited (the Employer) has applied for approval of an enterprise agreement known as the Sheldon College Academic Staff Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and is taken to be a term of it.

I have taken into consideration the material filed in the Fair Work Commission. I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia (IEU) 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 IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Sheldon College T/A Sheldon College Limited, sought approval of the Sheldon College Academic Staff Enterprise Agreement 2023. The respondent, the Australian Education Union, represented the academic staff of the college. The primary dispute centred on the terms and conditions of employment for the academic staff, including pay rates, working hours, and conditions of redundancy.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of providing for the minimum rights of employees, and whether it contained terms that were unfair within the meaning of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and the employer.

The Commission found that the proposed agreement met the statutory requirements for minimum rights and did not contain any unfair terms. It was determined that the agreement provided a fair and reasonable framework for the employment relationship, taking into account the needs and interests of both the academic staff and the college. The agreement included provisions for fair pay rates, reasonable working hours, and appropriate conditions for redundancy. The Commission concluded that the agreement was in the best interests of both parties and approved the Sheldon College Academic Staff Enterprise Agreement 2023.

The Fair Work Commission approved the Sheldon College Academic Staff Enterprise Agreement 2023, effective from the date of the decision. This decision ensures that the academic staff of Sheldon College will be governed by the terms of the approved agreement, which provides a balanced and fair framework for their employment.

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