DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Geelong College
(AG2015/2116)

THE GEELONG COLLEGE (BUSINESS OPERATIONS STAFF) AGREEMENT 2015-2017

Educational services
COMMISSIONER BISSETT	MELBOURNE, 22 APRIL 2015

Application for approval of The Geelong College (Business Operations Staff) Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as The Geelong College (Business Operations Staff) Agreement 2015-2017 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong College sought approval of an enterprise agreement which would apply to the business operations staff for the period of 2015 to 2017. The application was brought before the Fair Work Commission. The primary dispute centred around the validity and fairness of the proposed agreement, particularly concerning the terms and conditions it sought to establish for the business operations staff.

The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it contained only matters that could be covered by an enterprise agreement, and whether it complied with the procedural requirements for approval. Additionally, the Commission needed to assess whether the agreement was free from any unfairness that could be detrimental to the employees.

The Commission found that the application met the requirements for approval. It concluded that the agreement was made in good faith and contained matters that were negotiable and appropriate for an enterprise agreement. The procedural requirements had been followed, and there was no evidence of unfairness that would render the agreement unjust. Consequently, the Commission approved the application, allowing the proposed agreement to take effect.

The final orders of the Commission included the approval of the enterprise agreement, specifying its terms and conditions for the business operations staff of The Geelong College from 2015 to 2017. This decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern their industrial relations for the specified period.

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