DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Macquarie Ltd T/A Macquarie University English Language Centre
(AG2017/3234)

MACQUARIE UNIVERSITY ENGLISH LANGUAGE CENTRE TEACHERS ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 OCTOBER 2017

Application for approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University English Language Centre Teachers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Access Macquarie Ltd T/A Macquarie University English Language Centre. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Tertiary Education Industry Union 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.

[5] The Agreement was approved on 16 October 2017 and, in accordance with s.54, will operate from 23 October 2017. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Access Macquarie Ltd, trading as the Macquarie University English Language Centre, and the Australian Education Union. The dispute centred around the application for the approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2017. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009, including provisions for minimum rates of pay, maximum weekly hours, and other employment conditions.

The primary legal issue was whether the proposed enterprise agreement complied with the statutory requirements outlined in the Fair Work Act, particularly in relation to the fairness test. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of remuneration, provisions for overtime and penalty rates, and other relevant conditions. The Commission also had to consider whether the agreement provided for procedural fairness, ensuring that the bargaining process was conducted in good faith and without coercion.

In examining the application, the Commission took into account the submissions from both parties and relevant precedents. The Commission found that the agreement provided for minimum rates of pay and maximum weekly hours that were consistent with the relevant industrial awards and did not disadvantage employees in comparison to their peers. Additionally, the agreement included provisions for procedural fairness in the bargaining process. Based on these findings, the Commission determined that the agreement met the fairness test and approved it. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, providing certainty and stability in their employment conditions.

Access Macquarie Ltd T/A Macquarie University English Language Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established