DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash College Proprietary Limited
(AG2015/3843)

MONASH COLLEGE PTY LTD ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 17 AUGUST 2015

Application for approval of the Monash College Pty Ltd Enterprise Agreement 2015.

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

[2] A hearing was held on 13 August 2015 to deal with whether a class of employees (doctoral qualified sessional teachers) will be better off overall under the Agreement when compared with the Educational Services (Post-Secondary Education) Award 2010. Following the identification of some concerns by me and by the National Tertiary Education Industry Union (NTEU), Monash proposed an undertaking that it suggested may overcome these concerns. The form of the undertaking was acceptable to the NTEU, a bargaining representative for the Agreement.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The NTEU, 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(1) of the Act, will operate from 24 August 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monash College Proprietary Limited is the applicant seeking approval of the Monash College Pty Ltd Enterprise Agreement 2015. The applicant is a private educational institution and the employer of several workers. The Fair Work Commission, the decision-making body, was asked to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically in relation to the requirements for fair and reasonable terms and conditions of employment. This included examining whether the agreement appropriately balanced the rights and interests of both the employer and the employees, and whether it adhered to the statutory obligations outlined in the Act.

The Commission found that the proposed agreement met the necessary criteria for approval. It was determined that the agreement provided fair and reasonable terms and conditions of employment for the workers, taking into account the nature of the enterprise, the bargaining positions of the parties, and the need for a flexible and efficient workplace. The agreement was also found to comply with the statutory obligations outlined in the Fair Work Act, including provisions relating to minimum wage rates, leave entitlements, and dispute resolution mechanisms.

Accordingly, the Commission approved the Monash College Pty Ltd Enterprise Agreement 2015, and the application was successful. The approved agreement will now serve as the basis for the terms and conditions of employment for the workers at Monash College.

Monash College Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established