DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash College Pty Ltd T/A Monash College
(AG2016/5884)

MONASH COLLEGE PROPRIETARY LIMITED (MONASH UNIVERSITY FOUNDATION YEAR TEACHING STAFF) AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2016.

[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 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monash College Pty Ltd, trading as Monash College, applied for approval of the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2016, a certified agreement under the Fair Work Act 2009. The application was made by Monash College to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Act. The dispute centred on whether the agreement sufficiently protected the rights and interests of the employees, particularly regarding minimum wages, penalties, leave entitlements, and other employment conditions.

The primary legal issues the Commission needed to address were whether the agreement contained the mandatory terms and conditions as stipulated in the Fair Work Act, and if it appropriately balanced the interests of the employer and the employees. Specifically, the Commission considered whether the agreement provided minimum wages and penalties that complied with the National Minimum Wage System and the safety net of minimum entitlements. Additionally, the Commission examined the leave provisions, the flexibility and annual leave loadings, and the overall fairness and reasonableness of the agreement in terms of employee protections and employer obligations.

The Fair Work Commission, after a comprehensive review, concluded that the agreement met the statutory requirements and was fair and reasonable. The Commission found that the agreement provided for minimum wages and penalties in line with the National Minimum Wage System, offered adequate leave entitlements, and included appropriate flexibility provisions. The Commission determined that the agreement balanced the interests of both parties effectively and was in the best interests of the employees. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Monash College Proprietary Limited (Monash University Foundation Year Teaching Staff) Agreement 2016, effective from the date of the decision. The approved agreement was registered with the Commission, and it became a certified agreement under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties and enforceable in accordance with the Act.

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