DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woodcroft College Inc t/a Woodcroft College
(AG2016/1394)

WOODCROFT COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the Woodcroft College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Woodcroft College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woodcroft College Inc t/a Woodcroft College. 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.

[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.

[5] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woodcroft College Inc, trading as Woodcroft College, sought approval of the Woodcroft College Enterprise Agreement 2016. The dispute arose when the Australian Education Union (Vic Branch) lodged an objection to the application. The matter was heard in the Fair Work Commission (FWC), with Deputy President M J W Gibson presiding.

The central legal issue before the FWC was whether the enterprise agreement contained provisions that were contrary to the public interest. Specifically, the union objected to certain clauses that related to the financial viability of the college. The union argued that these clauses were detrimental to the employees' rights and conditions of employment, and therefore, contrary to the public interest as defined in the Fair Work Act 2009.

The FWC examined the provisions in question and found that, while the agreement included measures aimed at ensuring the financial sustainability of the college, it did not unfairly disadvantage the employees. The commission concluded that the agreement, as a whole, balanced the need for financial stability with the rights and conditions of the employees. Consequently, the FWC approved the enterprise agreement, dismissing the union's objection.

The FWC's decision was that the Woodcroft College Enterprise Agreement 2016 was approved. The union's application for a review of the decision was dismissed, and no orders for costs were made. The agreement was to be registered, and the provisions would govern the employment conditions of the college's staff.

Woodcroft College Inc t/a Woodcroft College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established