The Uniting Church in Australia Property Trust (Tas)

[2016] FWCA 2412

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Tas) T/A Scotch Oakburn

College

(AG2016/2670)

SCOTCH OAKBURN COLLEGE (TEACHERS) ENTERPRISE

AGREEMENT, 2015

Tasmania

COMMISSIONER ROE

MELBOURNE, 15 APRIL 2016

Application for approval of the Scotch Oakburn College (Teachers) Enterprise Agreement,

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Scotch Oakburn College (Teachers) Enterprise Agreement, 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Scotch Oakburn College. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.
[2016] FWCA 2412

[4] The Agreement was approved on 15 April 2016 and, in accordance with s.54, will

operate from 22 April 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Tas), trading as Scotch Oakburn College, applied for approval of the Scotch Oakburn College (Teachers) Enterprise Agreement, 2015. The application was made under section 185 of the Fair Work Act 2009. The agreement was between Scotch Oakburn College and the Independent Education Union of Australia, which is a bargaining representative for the agreement. The application was before Commissioner Roe in Melbourne.

The primary legal issue before the Commissioner was whether the application met the requirements of sections 186, 187 and 188 of the Fair Work Act 2009, which are relevant to the approval of an enterprise agreement. The Commissioner also needed to consider whether the group of employees covered by the agreement was fairly chosen, as the agreement did not cover all employees of the employer. Additionally, the Commissioner needed to consider whether the agreement covered the organisation, as the Independent Education Union of Australia had given notice under section 183 of the Act that it wanted the agreement to cover it.

The Commissioner was satisfied that the application met the requirements of sections 186, 187 and 188 of the Act, and that the group of employees was fairly chosen. The Commissioner also noted that the agreement covered the organisation, as required by section 201(2) of the Act. The Commissioner approved the agreement on 15 April 2016, and it will operate from 22 April 2016, with a nominal expiry date of 31 December 2018.

The Commissioner approved the Scotch Oakburn College (Teachers) Enterprise Agreement, 2015, and it will operate from 22 April 2016, with a nominal expiry date of 31 December 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established