DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Council of Abbotsleigh T/A Abbotsleigh
(AG2016/1473)

NON TEACHING STAFF AGREEMENT 2016-2018 FOR THE COUNCIL OF ABBOTSLEIGH

Educational services
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Non Teaching Staff Agreement 2016-2018 for the Council of Abbotsleigh.

[1] An application has been made for approval of an enterprise agreement known as the Non Teaching Staff Agreement 2016-2018 for the Council of Abbotsleigh (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Council of Abbotsleigh T/A Abbotsleigh. 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] 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.

[5] The Agreement was approved on 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Council of Abbotsleigh applied for approval of the Non Teaching Staff Agreement 2016-2018. The application was heard by the Fair Work Commission, with the decision delivered by Commissioner J. D. Bruce. The dispute centred around whether the agreement provided sufficient safeguards for the rights and entitlements of non-teaching staff members, ensuring fair treatment and compliance with relevant industrial laws.

The court was tasked with examining the provisions of the agreement, particularly whether it adhered to the Fair Work Act 2009 and whether it contained necessary protections for employees' rights. This included evaluating whether the agreement met the standard requirements for enterprise agreements, such as provisions for minimum wages, working conditions, and dispute resolution mechanisms.

Commissioner Bruce concluded that the agreement met the necessary legal standards and provided adequate protections for the non-teaching staff. The agreement was found to be fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the application was approved, and the Non Teaching Staff Agreement 2016-2018 was ratified.

The Council of Abbotsleigh T/A Abbotsleigh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established