Kaplan Australia Pty Ltd Summary

[2024] FWCA 3948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kaplan Australia Pty Ltd

(AG2024/3803)

KAPLAN AUSTRALIA GROUP ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER MCKINNON	SYDNEY, 12 NOVEMBER 2024

Application for approval of the Kaplan Australia Group Enterprise Agreement 2024

Kaplan Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Kaplan Australia Group Enterprise Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

I am now satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 19 November 2024. The nominal expiry date of the Agreement is 12 November 2028.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Kaplan Australia Pty Ltd and its employees, represented by the Australian Education Union. The dispute was regarding the approval of the Kaplan Australia Group Enterprise Agreement 2024. The Fair Work Commission was the court that heard the application. The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was certified as "bargained fairly" by the Fair Work Commission, which was a prerequisite for its approval.

The Fair Work Commission examined the evidence and arguments presented by both parties to ascertain whether the agreement was indeed bargained fairly. The Commission considered various factors, including the bargaining process, the content of the agreement, and compliance with the relevant provisions of the Fair Work Act. The court paid particular attention to whether there had been genuine bargaining between the parties, and if the agreement provided fair and reasonable terms and conditions of employment. The Commission also assessed whether the agreement adequately addressed the needs and interests of both the employer and the employees.

After careful consideration, the Fair Work Commission found that the Kaplan Australia Group Enterprise Agreement 2024 met the necessary requirements for approval. The Commission was satisfied that the agreement was bargained fairly, as the evidence demonstrated a genuine and robust bargaining process between the parties. The Commission also found that the agreement provided fair and reasonable terms and conditions of employment, and adequately addressed the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the Kaplan Australia Group Enterprise Agreement 2024, allowing it to come into effect as a legally binding agreement between the parties.

The Fair Work Commission ordered the approval of the Kaplan Australia Group Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were required to comply with its terms and conditions. The Commission also ordered that any disputes arising from the agreement would be subject to the dispute resolution provisions outlined within the agreement itself.

Kaplan Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established