DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woy Woy Senior Campus T/A Woy Woy High School P & C Association; Brisbane Water Secondary College (Umina Campus) P & C Association
(AG2020/3961)

BWSC P&C ASSOCIATION SINGLE INTEREST ENTERPRISE AGREEMENT 2020

Fast food industry
COMMISSIONER JOHNS	SYDNEY, 14 JANUARY 2021

Application for approval of the BWSC P&C Association Single Interest Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BWSC P&C Association Single Interest Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woy Woy Senior Campus T/A Woy Woy High School P & C Association; Brisbane Water Secondary College (Umina Campus) P & C Association. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2021. The nominal expiry date of the Agreement is 13 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Woy Woy Senior Campus T/A Woy Woy High School P & C Association and the Brisbane Water Secondary College (Umina Campus) P & C Association, sought approval of the BWSC P&C Association Single Interest Enterprise Agreement 2020 from the Fair Work Commission. This matter was heard in the Commission’s Division of General Conciliation and Arbitration. The applicants sought approval of the agreement under section 232 of the Fair Work Act 2009. The application was opposed by the Department of Education, which argued that the agreement did not meet the requirements for single interest enterprise agreements and had not been appropriately negotiated. The Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it was a single interest enterprise agreement and whether it had been appropriately negotiated. The Commission considered the definition of a single interest enterprise agreement and whether the agreement met the criteria for such an agreement. The Commission also considered the negotiation process and whether the agreement had been appropriately negotiated. The Commission found that the agreement was a single interest enterprise agreement and had been appropriately negotiated. The Commission noted that the agreement covered a range of matters, including remuneration and other conditions of employment, and that it was appropriate for the agreement to be approved as a single interest enterprise agreement. The Commission approved the BWSC P&C Association Single Interest Enterprise Agreement 2020, subject to certain modifications to ensure compliance with the Fair Work Act. The applicants were successful in their application for approval of the agreement. The Department of Education’s opposition to the application was dismissed.

Woy Woy Senior Campus T/A Woy Woy High School P & C Association; Brisbane Water Secondary College (Umina Campus) P & C Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established