DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Macquarie Ltd
(AG2015/273)

MACQUARIE UNIVERSITY ENGLISH LANGUAGE CENTRE TEACHERS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER MCKENNA	SYDNEY, 3 MARCH 2015

Application for approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University English Language Centre Teachers Enterprise Agreement 2015 (“the Agreement”). The application has been made by Access Macquarie Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application was filed more than 14 days after the Agreement was made. Pursuant to s.185(3) of the Act, I am satisfied that it is fair to extend the period for filing the application. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The National Tertiary Education Industry Union concurs with the undertaking and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Access Macquarie Limited, the respondent sought approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2015. The applicant, the Australian Education Union, opposed the application on several grounds, including that the agreement did not provide for adequate minimum working hours and contained terms that were not sufficiently fair and reasonable. The case was heard in the Fair Work Commission, which was required to determine whether the agreement met the legal standards set out in the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act, specifically sections 226 and 235, which require that an enterprise agreement provide for fair and reasonable terms and conditions and not disadvantage employees. The Commission examined the provisions of the agreement in light of these statutory requirements and considered submissions from both parties. Key points of contention included the minimum working hours and the definition of "work-related activities" which the applicant argued did not sufficiently protect the employees' rights.

The Commission found that the agreement was not sufficiently fair and reasonable in certain respects. It noted that the minimum working hours provided for in the agreement did not adequately protect employees from underemployment, and that the definition of "work-related activities" was too broad and could potentially lead to exploitation. The Commission also highlighted that the agreement did not sufficiently address the issue of casual employment and the transition to permanent positions. Consequently, the application for approval was dismissed.

In summary, the Fair Work Commission rejected the application for approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2015, finding it did not meet the statutory requirements for being fair and reasonable. The decision underscores the importance of ensuring that enterprise agreements adequately protect employees' rights and provide for fair terms and conditions of employment.

Access Macquarie Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established