DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley College
(AG2017/6235)

WESLEY COLLEGE TEACHERS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2018

Application for approval of the Wesley College Teachers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wesley College Teachers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesley 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 4 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Wesley College, sought approval of the Wesley College Teachers Enterprise Agreement 2017. The respondents were the Independent Education Union of Australia (Vic Branch), the Australian Education Union (Vic Branch), and the National Tertiary Education Union (Vic Branch). The respondents opposed the application, arguing that the proposed agreement was unfair. The dispute was heard in the Fair Work Commission (FWC), the primary body responsible for resolving workplace disputes and ensuring fair work practices in Australia.

The legal issues before the FWC centred on the fairness of the proposed agreement. The respondents argued that the agreement did not provide for a fair and reasonable workplace environment, citing concerns over salary, leave entitlements, and work conditions. They contended that the proposed terms were not reflective of the true nature of the employment relationship and were detrimental to the employees. The applicant, on the other hand, argued that the agreement was fair and reasonable, and that it balanced the interests of both the employer and the employees.

In its decision, the FWC considered the provisions of the Fair Work Act 2009 and the relevant principles of fairness. The Commission found that the proposed agreement was fair and reasonable, taking into account the overall balance of the agreement, the context in which it was made, and the interests of the employees. The FWC held that the proposed agreement provided for a fair and reasonable workplace, and that it was in line with the principles of good faith bargaining and mutual benefit. The application for approval was therefore granted, and the Wesley College Teachers Enterprise Agreement 2017 was approved.

Wesley College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established