Monash College Proprietary Limited T/A Monash College

[2025] FWCA 135

[2025] FWCA 135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monash College Proprietary Limited T/A Monash College

(AG2024/4218; AG2024/4219)

MONASH COLLEGE PROPRIETARY LIMITED (MONASH UNIVERSITY FOUNDATION YEAR TEACHING STAFF ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER FOX	MELBOURNE, 3 FEBRUARY 2025

Application for approval of the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff Enterprise Agreement 2024.

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 Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Monash College Proprietary Limited T/A Monash College (the Employer). The Agreement is a single enterprise agreement.

1. The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. The Independent Education Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and 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 the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 31 December 2026.

Section 218A Variation

1. Along with the s.185 application, the Employer filed a Form F1 with the Commission seeking a variation under s.218A of the Act. The variation application sought to vary the casual rates in the section titled ‘Casual Teacher rates’ in Schedule 1 of the Agreement to reflect what was agreed to between the parties. The Employer submitted that the lower rates in the Agreement do not reflect the intention of the parties, with the intention being that casual employees would be subject to the same increases as the salary increases set out in clause 21 of the Agreement. Attached at Annexure B is a copy of the varied wage table, filed with the Form F1.

1. In correspondence to the parties, I advised the parties that I intended to amend the relevant section pursuant to s.218A of the Act as I considered it to be an ‘obvious error’. Parties were given the opportunity to raise any objections to this course of action, and no objections were received by the Commission.

1. I am satisfied that the relevant errors identified in Schedule 1 are obvious errors, and I am further satisfied that amendments should be made pursuant to s.218A of the Act. Pursuant to the below order, the error is amended.

Order

1. I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:

A.         By deleting the rates in the wage table under the title ‘Casual Teacher rates’ on page 57 of the Agreement and replacing it with the following rates:

1.Deleting reference to the half-day engagement rate following the vote of ‘$206.80’ and replacing it with ‘$207.03’.

2.Deleting reference to the half-day engagement rate from 1 January 2025 of ‘$210.93’ and replacing it with ‘$219.45’.

3.Deleting reference to the half-day engagement rate from 1 July 2025 of ‘$215.15’ and replacing it with ‘$223.84’.

4.Deleting reference to the half-day engagement rate from 1 July 2026 of ‘$223.76’ and replacing it with ‘$228.32’.

5.Deleting reference to the full-day engagement rate following the vote of ‘$413.61’ and replacing it with ‘$414.08’.

6.Deleting reference to the full-day engagement rate from 1 January 2025 of ‘$421.88’ and replacing it with ‘$438.92’.

7.Deleting reference to the full-day engagement rate from 1 July 2025 of ‘$430.32’ and replacing it with ‘$447.70’.

8.Deleting reference to the full-day engagement rate from 1 July 2026 of ‘$447.53’ and replacing it with ‘$456.66’.

B.         The variation will operate from 10 February 2025.

COMMISSIONER

Appendix A

Appendix B

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.

[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023.

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