DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aitken College Limited T/A Aitken College
(AG2018/6974)

AITKEN COLLEGE AGREEMENT 2019-2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2019

Application for approval of the Aitken College Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Aitken College Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aitken College Limited T/A Aitken College. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aitken College Limited, trading as Aitken College, applied to the Fair Work Commission for approval of the Aitken College Agreement 2019-2021. The application arose from negotiations between the college and its employees, represented by the Australian Education Union. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, and whether it met the requirements set out in the Fair Work Act 2009. The Commission had to consider the provisions of the agreement, including wages, hours of work, leave entitlements, and other conditions of employment, to determine if they were just and equitable. The Commission also had to assess whether the agreement complied with the minimum standards prescribed by the Fair Work Regulations.

The Fair Work Commission found that the Aitken College Agreement 2019-2021 provided for fair and reasonable terms for the employees. The Commission noted that the agreement included provisions that were consistent with industry benchmarks and provided adequate protections for employees. The Commission approved the agreement, stating that it met the requirements of the Fair Work Act and the Fair Work Regulations. The decision was based on a comprehensive review of the agreement and the evidence presented by both parties during the hearings. The Commission concluded that the agreement would not have an adverse effect on employees and would provide a fair and reasonable outcome for all parties involved.

Aitken College Limited T/A Aitken College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established