DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tiwi Education Board Incorporated t/a Tiwi College
(AG2015/7123)

TIWI COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2016-2019

Northern Territory
COMMISSIONER ROE	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Tiwi College Collective Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tiwi College Collective 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 Tiwi Education Board Incorporated t/a Tiwi 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 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 matter before the Fair Work Commission involved the Tiwi Education Board Incorporated, trading as Tiwi College, and its employees, represented by the Community and Public Sector Union. The Tiwi College sought approval for a collective enterprise agreement that would cover the period from 2016 to 2019. The application was for the agreement to be declared as meeting the "better off overall test" as required by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement would ensure that employees were "better off overall" compared to their previous conditions. This involved assessing the financial implications of the proposed agreement on the employees and determining if it met the statutory requirements for approval. The Commission had to consider whether the agreement provided a fair balance of benefits and obligations, and whether it aligned with the principles of industrial fairness and efficiency.

The Commission examined the evidence presented and determined that the proposed agreement would result in employees being better off overall. The agreement included provisions for wage increases, improved working conditions, and additional benefits that were considered to outweigh any potential disadvantages. The Commission concluded that the agreement was fair and met the requirements of the Fair Work Act. Consequently, the application for approval of the Tiwi College Collective Enterprise Agreement 2016-2019 was successful.

The Commission approved the agreement, setting a precedent for future agreements within the organisation. The decision confirmed that the agreement met the necessary criteria for being better off overall, providing a balanced approach to the rights and obligations of both employers and employees.

Tiwi Education Board Incorporated t/a Tiwi College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established