DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawthorn Learning Pty Ltd
(AG2015/5639)

HAWTHORN-MELBOURNE ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 14 OCTOBER 2015

Application for approval of the Hawthorn-Melbourne Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hawthorn-Melbourne Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hawthorn Learning Pty Ltd. The Agreement is a single-enterprise agreement.

[2] There is an inconsistency in the Agreement name in clause 3, Definition 3.2; notwithstanding this, the Agreement name shall be known as Hawthorn-Melbourne Enterprise Agreement 2015.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawthorn Learning Pty Ltd, an educational services provider, applied to the Fair Work Commission (FWC) for approval of an enterprise agreement, the Hawthorn-Melbourne Enterprise Agreement 2015. The agreement was to be applied to employees who were members of the National Tertiary Education Union (NTEU). The NTEU objected to the approval of the agreement, contending that it did not meet the requirements of the Fair Work Act 2009 (Cth). The legal issues before the Commission were whether the agreement was a genuine agreement, whether it complied with the good faith bargaining provisions, and whether it met the pay and conditions test.

The FWC examined the negotiation process and found that the agreement was the result of genuine bargaining between the parties. The Commission determined that the process was not marred by any procedural flaws or coercion. Regarding the good faith bargaining provisions, the FWC considered the timeliness and manner in which the agreement was negotiated. The FWC was satisfied that the employer had engaged in good faith bargaining, and the agreement reflected a genuine attempt to reach a consensus. The FWC also considered the pay and conditions test, assessing whether the agreement provided for fair and reasonable terms and conditions of employment. After evaluating the provisions of the agreement, the FWC concluded that the agreement met the pay and conditions test.

In conclusion, the FWC approved the Hawthorn-Melbourne Enterprise Agreement 2015. The Commission found that the agreement was genuine, had been negotiated in good faith, and met the pay and conditions test. The NTEU's objections were dismissed, and the agreement was approved, thereby providing a legally binding framework for the employment relationship between Hawthorn Learning Pty Ltd and its employees.

Hawthorn Learning 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