The Geelong College Summary

[2018] FWCA 265

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Geelong College

(AG2017/4332)

The Geelong College (Teachers) Agreement 2017-2019

Educational services
Commissioner Wilson	MELBOURNE, 12 JANUARY 2018

Application for approval of The Geelong College (Teachers) Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the Geelong College (Teachers) Agreement 2017-2019 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong College sought approval of an industrial agreement with its teachers. The application was heard by the Fair Work Commission (FWC). The College sought approval for an agreement that included provisions for a pay rise for teachers, changes to work hours, and a new method of calculating overtime. The teachers' union, the Independent Education Union of Australia (IEUA), opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth).

The FWC had to determine whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement was in the public interest, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining provisions of the Act. The FWC also had to consider the views of the IEUA and the College, and whether the agreement provided for a fair and reasonable outcome for both parties.

The FWC found that the proposed agreement met the criteria for approval. The FWC noted that the agreement provided for a reasonable pay rise for teachers, and that the changes to work hours and overtime calculation were reasonable and in the public interest. The FWC also found that the agreement complied with the good faith bargaining provisions of the Act, and that it provided for a fair and reasonable outcome for both parties. The FWC approved the application, and the agreement was registered with the Commission.

The FWC ordered that the Geelong College (Teachers) Agreement 2017-2019 be approved and registered with the Commission. The agreement was to commence on 1 January 2017 and expire on 31 December 2019. The FWC also ordered that the agreement be published on the Commission's website and that copies be provided to the parties.

The Geelong College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established