DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NAISDA Ltd T/A NAISDA Dance College
(AG2015/7664)

NAISDA ENTERPRISE AGREEMENT 2014-2017

Educational services
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2016

Application for approval of the NAISDA Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the NAISDA Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NAISDA Ltd T/A NAISDA Dance 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Tertiary Education Industry Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, NAISDA Ltd trading as NAISDA Dance College, sought approval of an enterprise agreement for the period 2014 to 2017. The respondents, the Australian Dance Teachers’ Association and the Musicians’ Union of Australia, objected to the application on the grounds that it failed to meet the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The key issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the respondents argued that the agreement was not properly certified as a single, indivisible document, as required by the Act. They also contended that the agreement failed to provide adequate protections for certain employees, particularly those in casual or part-time roles.

In its decision, the Commission found that the agreement was indeed a single, indivisible document, despite the respondents' objections. The Commission noted that the agreement had been properly certified and that it contained provisions that addressed the concerns raised by the respondents regarding employee protections. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved it accordingly.

The Fair Work Commission approved the NAISDA Enterprise Agreement 2014-2017, finding that it complied with the procedural and substantive requirements of the Fair Work Act. The Commission rejected the respondents' objections and certified the agreement as a single, indivisible document. The agreement now provides the basis for industrial relations between NAISDA and its employees for the specified period.

NAISDA Ltd T/A NAISDA Dance College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established