Toorak College Limited

[2022] FWCA 11

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Toorak College Limited

(AG2021/8908)

Toorak College Limited Agreement 2022 - 2024

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 5 JANUARY 2022

Application for approval of the Toorak College Limited Agreement 2022 - 2024.

An application has been made for approval of an enterprise agreement known as the Toorak College Limited Agreement 2022 - 2024 (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 Limited. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Toorak College Limited applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between the school and its teaching staff, represented by the Independent Education Union of Australia. The applicants sought to finalise the agreement to address various employment conditions. The Fair Work Commission heard the application, focusing on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly the good faith bargaining requirement and the process for reaching the agreement. The Commission considered the process by which the agreement was negotiated, the parties' conduct during negotiations, and whether the agreement contained all the mandatory terms required by the Act.

In examining these issues, the Commission determined that the agreement was made in good faith and that the process followed was fair and transparent. The agreement included all the mandatory terms as required by the Act. Consequently, the Commission found that the agreement met the necessary criteria for approval. The Commission emphasised the importance of fair and reasonable terms in an enterprise agreement, particularly in the context of educational institutions.

The Commission approved the Toorak College Limited Agreement 2022 - 2024. The approved agreement was to be registered and would apply to the school's teaching staff from the effective date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established