DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawthorn Learning Pty Ltd T/A Hawthorn Melbourne
(AG2018/345)

HAWTHORN-MELBOURNE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 11 MAY 2018

Application for approval of the Hawthorn-Melbourne Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hawthorn-Melbourne 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 Hawthorn Learning Pty Ltd T/A Hawthorn Melbourne. 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 National Tertiary Education Industry 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawthorn Learning Pty Ltd, trading as Hawthorn Melbourne, sought approval for the Hawthorn-Melbourne Enterprise Agreement 2018. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The applicant argued that the agreement was appropriate and beneficial for its employees, while no objections were raised by any party. The legal issues before the FWC centred on the procedural and substantive fairness of the agreement. Procedurally, the FWC had to assess whether the bargaining process was conducted in good faith and if the agreement was genuinely negotiated. Substantively, the FWC needed to ensure that the agreement provided fair and reasonable terms and conditions of employment.

The FWC found that the agreement was the product of good faith bargaining, with evidence of genuine negotiations between the parties. The commission further determined that the agreement contained terms and conditions that were fair and reasonable, taking into account the needs and interests of the employees. The FWC was satisfied that the agreement met the legal requirements under the Fair Work Act 2009, including provisions relating to minimum wages, penalty rates, leave entitlements, and other employment conditions. Consequently, the FWC approved the Hawthorn-Melbourne Enterprise Agreement 2018, endorsing its implementation as a binding contract between the employer and the employees.

Hawthorn Learning Pty Ltd T/A Hawthorn Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established