DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woodcroft College Inc
(AG2019/4787)

WOODCROFT COLLEGE ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JANUARY 2020

Application for approval of the Woodcroft College Enterprise Agreement 2019

[1] Woodcroft College Inc has made an application for approval of an enterprise agreement known as the Woodcroft College Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 January 2020 and, in accordance with s 54, will operate from 20 January 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woodcroft College Inc, an educational institution, sought approval of the Woodcroft College Enterprise Agreement 2019. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The College argued that the agreement, which included provisions on pay and conditions, was fair and reasonable, and should be approved. The application was opposed by a number of employee representatives.

The central legal issue for the Commission to decide was whether the agreement was fair and reasonable. The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of employees. The Commission also had to consider whether the agreement complied with the "better off overall test", which requires that employees be no worse off financially under the agreement than they would be under the applicable award.

The Commission found that the agreement was fair and reasonable. It considered that the agreement provided for terms and conditions that were consistent with those in other similar agreements, and that it provided for reasonable protections for employees. The Commission found that the agreement complied with the better off overall test, as employees would be no worse off financially under the agreement than they would be under the applicable award. The Commission was satisfied that the agreement was in the interests of employees, and approved the agreement.

The Fair Work Commission approved the Woodcroft College Enterprise Agreement 2019. The agreement is now legally binding on the parties, and will govern the terms and conditions of employment for employees at the College.

Woodcroft College Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established