Navitas Bundoora Pty Ltd T/A La Trobe College Australia Summary

[2023] FWCA 730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Navitas Bundoora Pty Ltd T/A La Trobe College Australia

(AG2022/5616)

La Trobe College Australia Enterprise Agreement 2022

Educational services
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2023

Application for approval of the La Trobe College Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the La Trobe College Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navitas Bundoora Pty Ltd and Navitas Pty Limited, together trading as La Trobe College Australia. The Agreement is a single enterprise agreement.

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.

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.

The National Tertiary Education Industry Union (NTEU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Navitas Bundoora Pty Ltd T/A La Trobe College Australia, the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question was the La Trobe College Australia Enterprise Agreement 2022, which aimed to govern the terms and conditions of employment for the college's staff. The legal dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including the necessity to ensure that it provided for fair and reasonable terms and conditions of employment. The applicant, Navitas Bundoora Pty Ltd, argued that the agreement was fair and reasonable, while no objections were raised by other stakeholders involved in the process.

The key legal issues before the Commission were whether the enterprise agreement provided for the fair and reasonable terms and conditions of employment, and if it complied with the statutory requirements set out in the Fair Work Act 2009. These included ensuring that the agreement provided for minimum wages and conditions, protected employees' rights, and facilitated the resolution of workplace disputes. Additionally, the Commission had to consider if the agreement was consistent with the national system of industrial determination and did not adversely affect employees' rights to be protected from unfair dismissal.

After reviewing the evidence and submissions from both parties, the Commission found that the La Trobe College Australia Enterprise Agreement 2022 provided for fair and reasonable terms and conditions of employment. The agreement contained provisions that aligned with the statutory minimum entitlements, allowed for the resolution of workplace disputes, and did not negatively impact employees' rights. The Commission was satisfied that the agreement complied with the Fair Work Act 2009 and was consistent with the national system of industrial determination. Consequently, the Commission approved the enterprise agreement, paving the way for its implementation in governing the terms and conditions of employment for La Trobe College Australia's staff.

Navitas Bundoora Pty Ltd T/A La Trobe College Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established