DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Institute of Business & Technology Pty Ltd T/A Deakin College
(AG2017/1807)

DEAKIN COLLEGE ENTERPRISE AGREEMENT 2017-2019

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 7 JULY 2017

Application for approval of the Deakin College Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Deakin College Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Institute of Business & Technology Pty Ltd T/A Deakin College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2017. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Melbourne Institute of Business & Technology Pty Ltd trading as Deakin College, sought approval for the Deakin College Enterprise Agreement 2017-2019. The application was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and ensuring fair employment practices. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement complied with the procedural requirements for approval, including the notification and consultation processes, and whether it contained all necessary terms as stipulated by the Act. The commission had to determine whether the agreement was fair and reasonable in all its aspects, taking into account various factors such as the interests of employees, the need for flexibility in the workplace, and the overall economic context. Additionally, the commission examined whether the agreement adhered to the good faith bargaining principles and the provisions concerning the resolution of disputes.

After reviewing the evidence and submissions from both parties, the commission concluded that the Deakin College Enterprise Agreement 2017-2019 did meet the necessary criteria for approval. The agreement was found to have been negotiated in good faith, with proper consultation and notification processes in place. The commission determined that the agreement was fair and reasonable, addressing the interests of both employees and the employer. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission's decision provides clarity for employers and employees regarding the procedural and substantive requirements for approving enterprise agreements. It reinforces the importance of adhering to good faith bargaining and ensuring that agreements are fair and reasonable, taking into account the interests of all parties involved.

Melbourne Institute of Business & Technology Pty Ltd T/A Deakin College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established