DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash College Pty Ltd T/A Monash College
(AG2020/894)

MONASH COLLEGE PTY LTD ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 MAY 2020

Application for approval of the Monash College Pty Ltd Enterprise Agreement 2020.

[1] Monash College Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Monash College Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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.

[3] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 May 2020 and, in accordance with s 54, will operate from 13 May 2020. The nominal expiry date of the Agreement is 13 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Monash College Pty Ltd, trading as Monash College, applied to the Fair Work Commission for approval of the Enterprise Agreement 2020. The agreement, which was made between the employer and the employees, needed to be approved by the Commission in order to be valid. The nature of the dispute was about whether the agreement met the necessary criteria for approval, including that it provided for a fair and efficient workplace, and did not discriminate against employees.

The legal issues that the Commission had to decide involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for minimum terms and conditions of employment, whether it provided for a fair and efficient workplace, and whether it complied with the "no disadvantage" test. The Commission also had to consider whether the agreement met the requirements for coverage by an accredited association and whether the agreement provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for minimum terms and conditions of employment, and that it provided for a fair and efficient workplace. The Commission also found that the agreement did not discriminate against employees, and that it complied with the "no disadvantage" test. The Commission further found that the agreement met the requirements for coverage by an accredited association, and that it provided for appropriate mechanisms for dispute resolution. Based on these findings, the Commission approved the agreement.

The Commission approved the Enterprise Agreement 2020, finding that it met all the necessary criteria for approval. The Commission found that the agreement provided for minimum terms and conditions of employment, that it provided for a fair and efficient workplace, and that it did not discriminate against employees. The Commission also found that the agreement complied with the "no disadvantage" test, that it met the requirements for coverage by an accredited association, and that it provided for appropriate mechanisms for dispute resolution. The Commission's approval of the agreement means that it is now a legally binding contract between the employer and the employees.

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