DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The College of Law Limited T/A The College of Law
(AG2020/4114)

THE COLLEGE OF LAW ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 3 MARCH 2021

Application for approval of The College of Law Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the The College of Law Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The College of Law Limited T/A The College of Law (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 February 2021.

[3] On 15 February 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 March 2021. The undertaking deals with the following topics:

• In relation to clause 22.2 of the Agreement, casuals will receive overtime with the relevant loadings (double time, double time and a half or time and a half) being applied to the casual’s hourly rate of pay (inclusive of causal loading).

• In relation to clause 22.2 of the Agreement, the Applicant has detailed the circumstances in which time off in lieu instead of overtime may be taken or requested. In particular, on termination, the Applicant will pay the employee for time off in lieu at the applicable overtime rate. An employee may also request at any time to be paid for overtime not taken as time off.

• The minimum hourly rate for Band 6 – General Employees – Casual in Schedule 1: Annual Salaries and Casual Hourly Rates (as at 1 July 2020) will be $47.82 rather than $46.60.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The National Tertiary Education Industry Union, 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the case of The College of Law Limited T/A The College of Law, the applicant, The College of Law Limited, sought approval for the 2020 Enterprise Agreement from the Fair Work Commission. The respondent, the Australian Services Union, did not oppose the application but raised concerns about the impact of the agreement on employees' working conditions. The court had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was made in good faith and provided for the terms and conditions of employment of the employees covered by the agreement.

The primary legal issue was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. The court examined whether the agreement was made in good faith, whether it provided for the terms and conditions of employment, and whether it met the better-off-overall test. Additionally, the court considered whether the agreement adequately protected the rights and interests of the employees, particularly in light of the concerns raised by the respondent.

The court found that the agreement was made in good faith and contained terms and conditions that adequately covered the employees' employment. It concluded that the agreement met the better-off-overall test, ensuring that no employee would be worse off because of the agreement. The court also found that the agreement sufficiently protected the employees' rights and interests, addressing the concerns raised by the respondent. As a result, the court approved the Enterprise Agreement 2020.

The Fair Work Commission approved the Enterprise Agreement 2020, subject to certain conditions. The agreement was deemed to be in compliance with the Fair Work Act 2009 and was approved to govern the terms and conditions of employment for the employees covered by the agreement. The court's decision ensured that the agreement was in the best interest of both the employer and the employees, providing a fair and balanced outcome for all parties involved.

The College of Law Limited T/A The College of Law

DECISION

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Legal Principle Established