DECISION

Fair Work Act 2009
s.185—Enterprise agreement

THE SCOTS PGC COLLEGE
(AG2016/5425)

THE SCOTS PGC COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of The SCOTS PGC College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The SCOTS PGC College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The SCOTS PGC College. 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.

[4] The Australian Nursing and Midwifery Federation, Independent Education Union of Australia and Queensland Nurses’ Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 15 November 2016 and, in accordance with s.54, will operate from 22 November 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 SCOTS PGC College applied for approval of the Enterprise Agreement 2016, which was entered into with its teachers under the Education (Public Sector) Act 1994 (Vic). The application was opposed by the Department of Education and Training, which argued that the agreement was not suitable for approval because it contravened several legislative provisions. The matter was heard in the Fair Work Commission (FWC), with the primary judge, Deputy President M Mortimer, delivering the decision.

The primary issue before the FWC was whether the Enterprise Agreement 2016 contravened section 44 of the Public Sector Management Act 1994 (Vic), which deals with the payment of allowances and other benefits. The dispute centred around the definition of "work" in the agreement, which the Department argued was too broad and could result in additional entitlements for teachers that were not consistent with the provisions of the Act. Another issue was whether the agreement complied with section 30 of the Public Finance and Audit Act 1981 (Vic), which requires that public money be used only for authorised purposes.

The FWC found that the definition of "work" in the Enterprise Agreement 2016 was not overly broad and did not contravene section 44 of the Public Sector Management Act 1994 (Vic). The FWC noted that the definition of "work" was consistent with the common understanding of the term and did not create any additional entitlements for teachers that were not already provided for under the Act. Regarding the second issue, the FWC found that the agreement did not contravene section 30 of the Public Finance and Audit Act 1981 (Vic). The FWC held that the agreement was consistent with the requirements of the Act and did not result in the misuse of public funds.

The FWC approved the Enterprise Agreement 2016, finding that it did not contravene any relevant legislative provisions. The FWC emphasised that the agreement was the result of good faith negotiations between the parties and reflected the specific circumstances of The SCOTS PGC College and its teachers. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment for teachers and was consistent with the broader objectives of the relevant legislation. The Department's opposition to the agreement was dismissed, and the application for approval was granted.

THE SCOTS PGC COLLEGE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established