Monash College Proprietary Limited

[2013] FWCA 55

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Monash College Proprietary Limited
(AG2012/14357)

MONASH COLLEGE PROPRIETARY LIMITED (MONASH UNIVERSITY FOUNDATION YEAR TEACHING STAFF) AGREEMENT 2012

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 JANUARY 2013

Application for approval of the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Monash College Proprietary Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2013. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Monash College Proprietary Limited applied for approval of a new enterprise agreement, the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2012. The dispute arose from negotiations between the college and its teaching staff over terms and conditions of employment. The college sought to implement changes that would affect the staff's workload, pay rates, and conditions of work. The legal issues before the Commission were whether the agreement was in the public interest, and whether the agreement contained all the mandatory terms required by the Fair Work Act 2009.

The Commission considered the public interest test in section 235 of the Fair Work Act, which requires that an agreement not have the effect of adversely affecting the general public or the public interest. The Commission also examined the mandatory terms in section 228 of the Act, which includes terms relating to minimum rates of pay, maximum ordinary hours of work, and provisions for leave. The Commission found that the proposed agreement did not contain provisions for leave that were sufficient to meet the mandatory terms, and that the changes to workload and pay rates would adversely affect the public interest. The Commission rejected the application for approval, and the agreement was not made. The college was required to return to negotiations with its teaching staff to address the issues raised by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established