DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga Institute of TAFE
(AG2016/4786)

DRIVER EDUCATION CENTRE OF AUSTRALIA (DECA) LTD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Driver Education Centre of Australia (DECA) Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Driver Education Centre of Australia (DECA) 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 Wodonga Institute of TAFE. 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. 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.

[4] The Australian Education Union 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 was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Wodonga Institute of TAFE was the subject of an application seeking approval for the Driver Education Centre of Australia (DECA) Ltd Enterprise Agreement 2015. The application was heard in the Fair Work Commission, which is tasked with the responsibility of regulating workplace relations and ensuring fair working conditions across Australia. This particular matter involved the approval of a specific enterprise agreement between the Institute and DECA Ltd, which governs the employment terms and conditions for employees involved in driver education services.

The primary legal issue that the Commission had to address was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved determining whether the agreement provided for the safety and wellbeing of the employees, and if it ensured that employees were fairly compensated for their work. The Commission also needed to assess whether the agreement had been genuinely negotiated and if it was free from any coercive practices that may have influenced the outcome of the negotiation process.

In reaching its decision, the Commission examined the provisions of the proposed agreement and considered the submissions from both parties involved. It was found that the agreement contained provisions that were compliant with the legislative requirements, and that it provided for the fair and reasonable terms and conditions of employment for the employees. The Commission also determined that the agreement had been genuinely negotiated and was not the result of any undue influence or coercion. Consequently, the Commission approved the Driver Education Centre of Australia (DECA) Ltd Enterprise Agreement 2015, allowing it to be implemented and enforced within the terms set out in the agreement.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement met all the necessary criteria for approval. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated without any undue influence or coercion. As a result, the Commission issued an order approving the Driver Education Centre of Australia (DECA) Ltd Enterprise Agreement 2015, allowing it to be implemented and enforced within the terms set out in the agreement.

Wodonga Institute of TAFE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established