Grok Academy Limited; Grok Learning Pty Ltd

[2021] FWCA 6958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grok Academy Limited; Grok Learning Pty Ltd
(AG2021/8498)

GROK ACADEMY GROUP ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 3 DECEMBER 2021

Application for approval of the Grok Academy Group Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Grok Academy Group Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grok Academy Limited; Grok Learning Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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 consultation term contained in clause 36 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Grok Academy Limited and Grok Learning Pty Ltd applied for approval of the Grok Academy Group Enterprise Agreement. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues revolved around the procedural fairness in the negotiation process and whether the agreement met the requirements for employee protection and benefits. The applicants argued that the agreement was the result of genuine bargaining and adequately protected employee rights. The objectors contended that the negotiation process was flawed and that the agreement did not sufficiently protect employee interests.

The Fair Work Commission found that the negotiation process was procedurally fair and that the agreement was negotiated in good faith. The Commission concluded that the proposed agreement complied with the statutory requirements and adequately provided for employee protection and benefits. The applicants successfully demonstrated that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Grok Academy Group Enterprise Agreement, affirming its compliance with the relevant legislative provisions. The approval ensures that the agreement is enforceable and provides a framework for the employment relationship between Grok Academy Limited, Grok Learning Pty Ltd and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established