DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Geelong College
(AG2018/2338)

THE GEELONG COLLEGE (BUSINESS OPERATIONS EMPLOYEES) AGREEMENT 2018-2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2018

Application for approval of The Geelong College (Business Operations Employees) Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Geelong College (Business Operations Employees) Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Geelong College. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Independent Education Union of Australia (IEUA) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong College, a private educational institution, applied to the Fair Work Commission for approval of a proposed enterprise agreement covering business operations employees. The application was opposed by the Independent Education Union of Australia, which represented some of the employees. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary legal standards for approval.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for the prescribed minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement facilitated the effective operation of the enterprise and the interests of the employees.

In examining the proposed agreement, the Fair Work Commission noted that it contained provisions that aligned with the minimum terms and conditions set out in the Fair Work Act. The Commission found that the agreement was made in good faith and without any element of coercion. Furthermore, the agreement was deemed to facilitate the effective operation of The Geelong College and to be in the interests of the employees. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the registration of The Geelong College (Business Operations Employees) Agreement 2018 - 2020, finding it met the necessary legal standards under the Fair Work Act. The decision confirmed the agreement's provisions, which provided for the prescribed minimum terms and conditions, and that it was made in good faith and without coercion. The Commission also found that the agreement facilitated the effective operation of the enterprise and was in the interests of the employees.

The Geelong College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established