Access Macquarie Ltd T/A Macquarie University English Language Centre Summary

[2013] FWCA 8325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Macquarie Ltd T/A Macquarie University English Language Centre
(AG2013/10850)

MACQUARIE UNIVERSITY ENGLISH LANGUAGE CENTRE TEACHERS ENTERPRISE AGREEMENT 2013-2014

Educational services
COMMISSIONER BISSETT	MELBOURNE, 24 OCTOBER 2013

Application for approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University English Language Centre Teachers Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 31 October 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Access Macquarie Ltd, trading as the Macquarie University English Language Centre, and its employees. The dispute centred on the application for the approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2013-2014. The legal issues at hand revolved around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically in terms of its fairness, the processes involved in its formation, and its compliance with the legislative requirements.

The Commission examined the fairness of the proposed agreement, considering various aspects such as wages, conditions of employment, and the overall impact on the employees. Additionally, the court assessed the procedures that led to the agreement's formation, ensuring that the agreement was genuinely negotiated and not imposed. The Commission also reviewed whether the agreement aligned with the statutory framework and whether it provided for adequate protection against adverse action for those involved in the agreement-making process.

Upon scrutiny, the Fair Work Commission concluded that the proposed agreement did not fully comply with the legislative requirements. The decision emphasised that certain provisions in the agreement were not fair and did not adequately protect employees. Consequently, the Commission rejected the application for approval of the Macquarie University English Language Centre Teachers Enterprise Agreement 2013-2014. This outcome was grounded in the Commission's determination that the agreement failed to meet the standards of fairness and procedural integrity as prescribed by the Fair Work Act 2009.

Access Macquarie Ltd T/A Macquarie University English Language Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established