Kaplan Higher Education Pty Ltd T/A The University of Adelaide College
[2023] FWCA 903
•27 MARCH 2023
| [2023] FWCA 903 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kaplan Higher Education Pty Ltd T/A The University of Adelaide College
(AG2023/619)
UNIVERSITY OF ADELAIDE COLLEGE TEACHERS ENTERPRISE AGREEMENT 2023
| Educational services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 27 MARCH 2023 |
Application for approval of the University of Adelaide College Teachers Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the University of Adelaide College Teachers Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kaplan Higher Education Pty Ltd T/A The University of Adelaide College (Employer). The Agreement is a single enterprise agreement.
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.
The flexibility term in the Agreement does not meet the requirements of s.203(7)(a) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
The Independent Education Union of Australia, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 27 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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