Aitken College Limited T/A Aitken College Summary

[2023] FWCA 771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aitken College Limited T/A Aitken College

(AG2023/498)

Aitken College Agreement 2023-2025

Educational services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 10 MARCH 2023

Application for approval of the Aitken College Agreement 2023-2025

Aitken College has applied for approval of an enterprise agreement known as the Aitken College Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Aitken College Limited trading as Aitken College, applied to the Fair Work Commission for approval of the Aitken College Agreement 2023-2025. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement that would apply to its employees. The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the provisions addressing pay rates, hours of work, leave entitlements, and other employment conditions.

The Commission considered whether the agreement provided for minimum pay rates and conditions that were not less favourable than the applicable awards or the national minimum employment standards. The Commission also assessed whether the agreement included appropriate provisions for variations to pay rates and conditions, and whether the process for resolving disputes was fair and efficient. The Commission further examined whether the agreement contained any terms that were contrary to public policy or were otherwise unlawful.

The Commission found that the agreement met the requirements of the Fair Work Act and did not contain any unlawful terms. The agreement provided for pay rates and conditions that were not less favourable than the applicable awards or the national minimum employment standards. The agreement also included appropriate provisions for variations to pay rates and conditions, and the dispute resolution process was found to be fair and efficient. The Commission approved the Aitken College Agreement 2023-2025, and it will apply to the applicant's employees from 1 July 2023 for a period of three years. The approval is subject to the agreement being registered by the Registrar of the Fair Work Commission.

Aitken College Limited T/A Aitken College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established