Hawthorn Learning Pty Ltd

[2013] FWCA 6098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hawthorn Learning Pty Ltd
(AG2013/1923)

HAWTHORN LEARNING PTY LTD ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER WILSON	MELBOURNE, 26 AUGUST 2013

Application for approval of the Hawthorn Learning Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hawthorn Learning Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hawthorn Learning Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings annexed to this decision which have been given by the employer.

[3] 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 National Tertiary Education 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hawthorn Learning Pty Ltd, an employer, and a number of its employees represented by a union. The dispute centred around the application for approval of the Hawthorn Learning Pty Ltd Enterprise Agreement 2013, which was to be considered by the Fair Work Commission. The court was required to assess whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement provided for a fair and reasonable set of terms for employees, whether it was consistent with the overarching principles of the Fair Work Act, and whether it complied with procedural requirements. The court also had to determine whether the agreement was genuinely negotiated and if it contained adequate protections and provisions for employee rights and interests.

In delivering its decision, the court examined the content of the agreement, the negotiation process, and the impact of the agreement on the employees. The court found that the agreement was generally fair and reasonable, providing adequate protections for the employees. It noted that the negotiation process appeared to be genuine and that the agreement contained provisions consistent with the principles of the Fair Work Act. The court approved the agreement, finding it to be consistent with the statutory requirements and in the best interests of the employees.

The court's approval of the Hawthorn Learning Pty Ltd Enterprise Agreement 2013 was based on the findings that the agreement was fairly negotiated, contained adequate protections for employees, and complied with the legal standards set out in the Fair Work Act. The court's decision ensures that the agreement will now be binding on the parties and enforceable under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established