THE SCOTS PGC COLLEGE

[2013] FWCA 8180

The attached decision replaces the document previously issued with the above code on 18 October 2013.

Paragraph numbering corrected

Matthew Jordon

Acting Associate to Commissioner Bissett

Dated 18 October 2013

[2013] FWCA 8180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

THE SCOTS PGC COLLEGE
(AG2013/9656)

THE SCOTS PGC COLLEGE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 18 OCTOBER 2013

Application for approval of The SCOTS PGC College Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The SCOTS PGC College Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise Agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to Clause 2 of the Agreement. I have accepted the undertakings provided.

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

[4] 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.

[5] The Independent Education Union of Australia, the Queensland Nurses’ Union and the Australian Nursing and Midwifery Federation, 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 these organisations.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 25 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE

CaseChat Overview and Summary

The SCOTS PGC College, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement titled "The SCOTS PGC College Enterprise Agreement 2013". The applicant's employees, who were represented by the Independent Education Union of Australia, opposed the application. The primary nature of the dispute was whether the agreement, which proposed various terms and conditions for employees, complied with the relevant legislative requirements and standards.

The legal issues before the court centred on whether the agreement was in the public interest, and if it met the "better off overall test" for employees. This required consideration of the agreement's impact on employees' wages, hours, and other conditions, compared to the applicable awards and any relevant enterprise agreements. Additionally, the court had to examine if the agreement contained provisions that were contrary to public policy, or if it adequately protected the rights and interests of employees.

The Fair Work Commission found that the agreement did meet the "better off overall test" and was in the public interest. The commission concluded that the proposed terms and conditions provided employees with benefits that outweighed any detriments, and that the agreement did not contravene any relevant public policy considerations. The commission also determined that the agreement provided adequate protection for the rights and interests of employees, including provisions for dispute resolution and the right to bargain collectively. As such, the application for approval was granted, and the "The SCOTS PGC College Enterprise Agreement 2013" was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established