DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash College Pty Ltd T/A Monash College
(AG2019/4491)

MONASH COLLEGE PROPRIETARY LIMITED (MONASH UNIVERSITY FOUNDATION YEAR TEACHING STAFF) AGREEMENT 2019

Educational services
COMMISSIONER WILSON	MELBOURNE, 20 JANUARY 2020

Application for approval of the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2019.

[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 2019 (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 Pty Ltd T/A Monash College. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monash College Pty Ltd T/A Monash College sought approval of a workplace agreement from the Fair Work Commission. The agreement related to the terms and conditions of employment for teaching staff at Monash University Foundation Year. The dispute was heard in the Fair Work Commission, which has jurisdiction over workplace agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement was "independent" of any existing enterprise agreement, whether the agreement was in the best interests of the employees, and whether the agreement met the requirements of the Fair Work Act. The Commission needed to determine whether the proposed agreement provided employees with no less than the relevant national safety net and whether the agreement was made in good faith.

The Fair Work Commission found that the proposed agreement was independent of any existing enterprise agreement and that the agreement was in the best interests of the employees. The Commission also found that the agreement met the requirements of the Fair Work Act and provided employees with no less than the relevant national safety net. The Commission was satisfied that the agreement was made in good faith and that the parties had genuinely attempted to negotiate the agreement.

The Fair Work Commission approved the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2019, effective from 1 July 2019. The approved agreement sets out the terms and conditions of employment for teaching staff at Monash University Foundation Year and provides for a range of matters, including wages, hours of work, leave, and dispute resolution. The approval of the agreement ensures that the employees have a legally binding workplace agreement that provides them with fair and reasonable terms and conditions of employment.

Monash College Pty Ltd T/A Monash College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established