The Geelong College

[2014] FWCA 485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

The Geelong College
(AG2013/12203)

THE GEELONG COLLEGE (TEACHERS) AGREEMENT 2014-2016

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 20 JANUARY 2014

Application for approval of The Geelong College (Teachers) Agreement 2014—2016.

[1] An application has been made for approval of an enterprise agreement known as The Geelong College (Teachers) Agreement 2014—2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Geelong College applied for the approval of an agreement relating to teachers' conditions of employment for the period 2014 to 2016. The application was brought before the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement met the requirements of the Act, specifically if it provided for a fair and equitable resolution of the terms and conditions of employment for the teachers involved.

The Commission considered the submissions from both the College and the teachers' union, assessing whether the agreement was consistent with the principles of the Act and whether it provided a fair and reasonable outcome for all parties. The Commission also examined if the agreement contained provisions that were contrary to public policy or that had any detrimental effects on the employees' working conditions. After carefully reviewing the terms and conditions outlined in the proposed agreement, the Commission concluded that the agreement was fair and reasonable, and therefore approved the agreement.

The Fair Work Commission found that the agreement provided a fair and equitable resolution of the terms and conditions of employment for the teachers, and that it complied with the requirements of the Fair Work Act 2009. The agreement was approved, and the Commission determined that it would be binding on the parties involved. The final order was that the The Geelong College (Teachers) Agreement 2014—2016 was approved and would take effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established