Monash College Proprietary Limited Trading AS Monash College

[2025] FWCA 2800

[2025] FWCA 2800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Monash College Proprietary Limited Trading AS Monash College

(AG2025/1595)

MONASH COLLEGE PTY LTD ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER TRAN	MELBOURNE, 22 AUGUST 2025

Application for approval of the Monash College Pty Ltd Enterprise Agreement 2025

1. Monash College (ABN: 64 064 031 714) has applied for approval of an enterprise agreement known as the Monash College Pty Ltd Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 25.3.1(a) – Unpaid carer’s leave

   ·   Clause 28.1.1 – Public holidays

   ·   Clause 33 – Compassionate leave

1. The Employer has provided written undertakings. 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.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The National Tertiary Education Industry Union (NTEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the NTEU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 August 2025.

1. In accordance with clause 4.1, the nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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