Monash College Proprietary Limited

[2015] FWCA 5652

[2015] FWCA 5652

FAIR WORK COMMISSION

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

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