Trinity College Gawler Inc. T/A Trinity College Gawler

[2025] FWCA 566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trinity College Gawler Inc. T/A Trinity College Gawler

(AG2024/4981)

TRINITY COLLEGE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER JOHNS	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Trinity College Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Trinity College Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trinity College Gawler Inc. T/A Trinity College Gawler. 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 19 February 2025. The nominal expiry date of the Agreement is 11 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trinity College Gawler Inc. T/A Trinity College Gawler applied to the Fair Work Commission for approval of an enterprise agreement. The applicants sought to have the agreement, which was entered into with the teachers' union, approved and registered. The union and the college could not reach an agreement on the pay rates for teachers in the college. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and if it was appropriate to make an order approving the agreement.

The commission considered the agreement's provisions and the submissions from the parties. The union argued that the pay rates proposed in the agreement were inadequate, while the college maintained that the agreement was fair and reasonable. The commission found that the agreement did not meet the requirements of section 231 of the Fair Work Act because it did not provide for an independent mechanism to resolve disputes between the parties. However, the commission also found that the agreement contained appropriate mechanisms for the resolution of other disputes, such as those between the employer and employees. The commission determined that the agreement was appropriate to be approved and registered, subject to certain amendments to provide for an independent dispute resolution mechanism.

The commission made an order approving and registering the enterprise agreement, subject to certain amendments to provide for an independent dispute resolution mechanism. The college and the union were required to implement the agreement, with the amendments, within 30 days of the decision. The college and the union were also required to take steps to implement the dispute resolution mechanism within 60 days of the decision. The college and the union were required to provide a report to the commission within 90 days of the decision, confirming that the agreement had been implemented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established