DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big Improvements Tutoring Pty Ltd
(AG2018/618)

BIG IMPROVEMENTS TUTORING ENTERPRISE AGREEMENT 2018

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 1 JUNE 2018

Application for approval of the Big Improvements Tutoring Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Big Improvements Tutoring Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Big Improvements Tutoring Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Big Improvements Tutoring Pty Ltd applied for the approval of the Big Improvements Tutoring Enterprise Agreement 2018. The respondents to the application were the Australian Education, State and Tertiary Union (AEST), the Australian Education Union (AEU), and the Registered Organisations of Australia (ROA). The dispute centred around whether the enterprise agreement contained adequate provisions for employee representation and consultation, and whether it complied with the requirements of the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement adequately provided for employee representation and consultation, and whether it was compliant with the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, and provided for effective representation and consultation. The respondents contended that the agreement did not provide for adequate employee representation and consultation, and was not compliant with the Act. The court was required to determine whether the agreement met the legal standards for approval.

The Fair Work Commission found that the agreement did provide for adequate employee representation and consultation, and was compliant with the Fair Work Act 2009. The commission found that the agreement provided for a system of employee representation through the election of employee representatives, and for consultation through the establishment of joint consultative committees. The commission also found that the agreement provided for the protection of employees' rights and interests, and that it was fair and reasonable. The application for approval of the agreement was therefore granted.

The Fair Work Commission approved the Big Improvements Tutoring Enterprise Agreement 2018, finding that it provided for adequate employee representation and consultation, and was compliant with the Fair Work Act 2009. The agreement was approved as of the first day of March 2018, and will apply to all employees of Big Improvements Tutoring Pty Ltd who are covered by the agreement. The respondents' objections to the approval of the agreement were therefore dismissed.

Big Improvements Tutoring Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established