DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas Bundoora Pty Ltd T/A La Trobe Melbourne
(AG2017/4774)

LA TROBE MELBOURNE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the La Trobe Melbourne Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the La Trobe Melbourne Enterprise Agreement 2017 (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 T/A La Trobe Melbourne. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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 8 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Navitas Bundoora Pty Ltd, trading as La Trobe Melbourne, applied for the approval of the La Trobe Melbourne Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its provisions related to employees' working conditions, remuneration, and other employment terms.

The legal issues before the court included whether the agreement provided fair and reasonable terms and conditions of employment, whether it was free from any illegality, and whether it complied with any relevant industrial instruments. The court also considered whether the agreement had been properly certified and whether the necessary procedural requirements for its approval had been met.

The Fair Work Commission found that the La Trobe Melbourne Enterprise Agreement 2017 was fair and reasonable, did not contain any illegality, and complied with relevant industrial instruments. The court was satisfied that the agreement had been properly certified and that all procedural requirements for its approval had been met. The commission approved the agreement, noting its provisions provided a fair balance of rights and obligations between the employer and the employees.

Navitas Bundoora Pty Ltd T/A La Trobe Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established