DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The College of Law Limited T/A The College of Law
(AG2017/711)

THE COLLEGE OF LAW ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of The College of Law Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The College of Law Enterprise Agreement 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 College of Law Limited T/A The College of Law. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The College of Law Limited, trading as The College of Law, applied to the Fair Work Commission for approval of their Enterprise Agreement 2016. The College of Law is a private higher education institution providing professional legal education and training, and the dispute involved the terms and conditions of employment for its academic staff. The Fair Work Commission was the court responsible for approving the enterprise agreement, as it is mandated to oversee the registration and approval of such agreements to ensure they comply with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements and provided for the minimum entitlements set out in the Fair Work Act. The Commission had to consider whether the agreement provided adequate protections for employees' wages, conditions, and other entitlements, and whether it was made in good faith. The College of Law argued that the agreement was fair and reasonable, and provided for appropriate terms and conditions for its academic staff. The Commission carefully examined the proposed agreement, taking into account the submissions and evidence presented by both parties, to determine whether it met the necessary legal standards.

After reviewing the evidence and submissions, the Fair Work Commission found that the proposed enterprise agreement was compliant with the statutory requirements and provided for the minimum entitlements set out in the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the College of Law's academic staff. The Commission approved the Enterprise Agreement 2016, thereby finalising the dispute between the College of Law and its employees. The approved agreement now governs the employment conditions of the College's academic staff, ensuring that they are fairly and appropriately remunerated and protected under the terms of the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established