DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Christian Community College Portland Ltd T/A Bayview College
(AG2015/1275)

BAYVIEW COLLEGE PORTLAND AGREEMENT 2013-2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 15 JUNE 2015

Application for approval of the Bayview College Portland Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bayview College Portland Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Christian Community College Portland Ltd trading as Bayview College. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[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(1) of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The Christian Community College Portland Ltd, trading as Bayview College, applied for approval of the Bayview College Portland Agreement 2013-2016 before the Fair Work Commission. This agreement was intended to set out the terms and conditions of employment for the teachers and support staff of the college. The application was contested by the Australian Education Union (AEU), which argued that the agreement did not meet the standards set out in the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Act, and whether it was in the best interests of the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The AEU argued that the agreement did not provide for adequate consultation and negotiation, and that it did not meet the standards for minimum wages and entitlements.

After considering the evidence and submissions, the Commission found that the Bayview College Portland Agreement 2013-2016 was made in good faith and complied with the procedural and substantive requirements of the Act. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the consultation and negotiation process was adequate, and that the agreement met the standards for minimum wages and entitlements. The Commission approved the agreement, subject to certain minor modifications to address the AEU's concerns.

The Commission ordered that the Bayview College Portland Agreement 2013-2016 be approved, with modifications to certain provisions relating to casual loading, penalty rates and overtime. The modifications were designed to ensure that the agreement met the standards for minimum wages and entitlements, and to address the concerns raised by the AEU. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be available for inspection by employees and their representatives.

The Christian Community College Portland Ltd T/A Bayview College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established