Woodcroft College Incorporated T/A Woodcroft College

[2023] FWCA 925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Woodcroft College Incorporated T/A Woodcroft College

(AG2023/692)

WOODCROFT COLLEGE ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 29 MARCH 2023

Application for approval of the Woodcroft College Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Woodcroft College Enterprise Agreement 2023 (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 Incorporated T/A Woodcroft College (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woodcroft College Incorporated, trading as Woodcroft College, sought approval of the Woodcroft College Enterprise Agreement 2023. The application was heard in the Fair Work Commission. The agreement was proposed to cover employees who are members of the Australian Education Union and the National Tertiary Education Union. The dispute centred around whether the proposed agreement was fair and appropriate for the employees it covered.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in accordance with the applicable legal framework. The Commission considered whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it provided for procedural fairness, and whether it included appropriate terms and conditions for the employees.

The Fair Work Commission found that the agreement was fair and reasonable for the employees it covered. The Commission noted that the agreement provided for procedural fairness and met the requirements of the Fair Work Act. The Commission also found that the agreement contained appropriate terms and conditions, including provisions for wages, leave, and other employment-related matters.

As a result, the Commission approved the Woodcroft College Enterprise Agreement 2023. The agreement will now be binding on the parties, and the employees covered by the agreement will be entitled to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established