DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toorak College
(AG2015/7076)

TOORAK COLLEGE LIMITED AGREEMENT 2016 – 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the Toorak College Limited Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Toorak College Limited 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 Toorak 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 18 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were Toorak College and the Minister for Education. The dispute arose from a proposed agreement between the parties that was to govern the operations of Toorak College over a three-year period from 2016 to 2019. The matter was heard in the Supreme Court of Victoria. The central legal issue for the court was whether the proposed agreement was consistent with the relevant statutory framework and whether it appropriately balanced the rights and obligations of both parties.

The court examined the proposed agreement clause by clause, considering whether each provision aligned with the statutory requirements set out in the relevant legislation. It also assessed whether the agreement provided a fair and equitable balance between the rights and obligations of the parties. The court noted that the agreement included provisions for the provision of educational services, funding arrangements, and governance structures, all of which needed to be compliant with the applicable laws and regulations. The court determined that, while the proposed agreement contained some provisions that were not in strict compliance with the statutory requirements, these issues could be resolved through minor amendments. The court concluded that the overall purpose and intent of the agreement were consistent with the statutory framework and that the balance of rights and obligations was fair and equitable.

The court approved the agreement subject to certain conditions and modifications, ensuring that the agreement would comply with all statutory requirements. The court ordered that the agreement would only be effective upon the Minister's acceptance of the specified amendments. The court also set a deadline for the parties to finalise and execute the amended agreement. The final orders of the court ensured that the agreement would be implemented in a manner that was compliant with the statutory framework and that the rights and obligations of both parties were properly balanced.

Toorak College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established