DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Tas) T/A Scotch Oakburn College
(AG2016/5631)

SCOTCH OAKBURN COLLEGE (NON-TEACHING STAFF) ENTERPRISE AGREEMENT, 2016 - 2019

Tasmania
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Scotch Oakburn College (Non-Teaching Staff) Enterprise Agreement, 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scotch Oakburn College (Non-Teaching Staff) Enterprise Agreement, 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Uniting Church in Australia Property Trust (Tas) T/A Scotch Oakburn 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Tas) T/A Scotch Oakburn College applied to the Fair Work Commission for approval of the Scotch Oakburn College (Non-Teaching Staff) Enterprise Agreement, 2016 - 2019. The dispute involved the terms and conditions of employment for the non-teaching staff at Scotch Oakburn College, with the application focusing on the procedural fairness of the agreement. The Fair Work Commission was tasked with determining whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, and whether there was compliance with the procedural requirements for the negotiation and approval of the enterprise agreement. The Commission examined the evidence presented regarding the negotiation process, the consultation with employee representatives, and the overall fairness of the agreement's terms. The Commission also considered whether the agreement adequately reflected the views of the non-teaching staff and whether there was any undue influence or coercion in the negotiation process.

In its decision, the Commission found that the agreement was genuinely negotiated and reflected the views of the non-teaching staff. The Commission noted the extensive consultation process undertaken by the College, including meetings with employee representatives and the provision of relevant information. The Commission was satisfied that the agreement was not the result of any undue influence or coercion and that it complied with the procedural requirements set out in the Fair Work Act. The Commission concluded that the agreement was made in good faith and was fair and reasonable, thereby approving the application for the agreement's registration.

The Fair Work Commission approved the Scotch Oakburn College (Non-Teaching Staff) Enterprise Agreement, 2016 - 2019, determining that it met the necessary criteria for registration under the Fair Work Act. The Commission's decision was based on the evidence of genuine bargaining and compliance with procedural requirements, as well as the overall fairness of the agreement's terms. The approval ensures that the terms and conditions of employment for the non-teaching staff at Scotch Oakburn College are governed by the agreed-upon enterprise agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established