Monash College Proprietary Limited Trading AS Monash College

[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

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).

The Agreement is a single enterprise agreement

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

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.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Monash College Proprietary Limited, trading as Monash College, applied to the Fair Work Commission for approval of the Monash College Pty Ltd Enterprise Agreement 2025. The application was contested by the National Tertiary Education Union (NTEU), which raised concerns about the agreement's compliance with the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were contrary to the public interest or failed to meet the requirements for good faith bargaining.

The legal issues before the Commission were whether the provisions of the agreement met the statutory requirements under the Fair Work Act, and whether any of the provisions were contrary to the public interest. Specifically, the Commission had to determine if the agreement was appropriately negotiated in good faith and if it complied with the provisions regarding pay and conditions for employees, as well as any other relevant industrial matters.

The Commission found that the agreement was appropriately negotiated in good faith and contained provisions that met the requirements of the Fair Work Act. It was noted that the agreement included protections for employees and did not contain any provisions that were contrary to the public interest. The Commission was satisfied that all parties had engaged in the bargaining process appropriately and that the agreement was in the best interests of the employees and the employer. Consequently, the application for approval of the agreement was successful, and it was registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established