Wilderness School Ltd

[2016] FWCA 672

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilderness School Ltd

(AG2015/7718)

WILDERNESS SCHOOL LTD ENTERPRISE AGREEMENT 2015

Educational services

COMMISSIONER ROE

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Wilderness School Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Wilderness School Ltd Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilderness

School Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[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.
[2016] FWCA 672

[5] The Agreement was approved on 3 February 2016 and, in accordance with s.54, will

operate from 10 February 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Wilderness School Ltd, the Fair Work Commission considered an application for the approval of the Wilderness School Ltd Enterprise Agreement 2015. The applicant, Wilderness School Ltd, sought approval under section 185 of the Fair Work Act 2009. The Agreement in question is a single enterprise agreement that, while not covering all employees of the employer, was deemed to have been fairly chosen by the relevant parties, taking into account the factors outlined in section 186(3) and (3A) of the Act. The Independent Education Union of Australia, acting as a bargaining representative, expressed its intention for the Agreement to cover its members, as per section 183 of the Act, which was duly noted.

The legal issues that the Commission was required to decide included whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in relation to the selection of the employee group covered by the Agreement. Furthermore, the Commission needed to determine if the Agreement complied with the mandatory consultation term prescribed by the Fair Work Regulations 2009 and if it appropriately covered the bargaining representative. The Commission had to ensure that all procedural and substantive requirements were satisfied before granting approval.

In its decision, the Commission found that the application for approval of the Agreement met all relevant statutory requirements. The Commission was satisfied that the Agreement was made in good faith and that the employee group was fairly chosen. It also noted that the prescribed model consultation term was incorporated into the Agreement. Furthermore, the Agreement was deemed to cover the Independent Education Union of Australia, as per the notice given under section 183 of the Act. Consequently, the Commission approved the Agreement, which will operate from 10 February 2016 until 31 December 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established