DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas Bundoora Pty Ltd T/A La Trobe Melbourne
(AG2015/2417)

LA TROBE MELBOURNE ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 15 MAY 2015

Application for approval of the La Trobe Melbourne Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the La Trobe Melbourne Enterprise Agreement 2015 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for the approval of the La Trobe Melbourne Enterprise Agreement 2015 between Navitas Bundoora Pty Ltd, trading as La Trobe Melbourne, and its employees represented by the National Tertiary Education Union. The application was made by the employer, seeking the Commission's approval under the Fair Work Act 2009, to ensure that the agreement met the necessary conditions and provisions outlined in the legislation. The dispute centred around the specifics of the agreement, including the terms and conditions of employment, pay rates, and other employment-related matters, which the union and employer had negotiated but required the Commission's endorsement to formalise.

The primary legal issues the Commission had to address involved verifying whether the agreement complied with the statutory requirements and provisions of the Fair Work Act 2009. This included ensuring that the agreement did not undermine the safety net of minimum entitlements, was made in good faith, and met the process requirements for employee consultation and the making of the agreement. The Commission also had to consider whether the agreement was fair and whether it provided for appropriate mechanisms for dispute resolution between the parties.

In its decision, the Commission thoroughly examined the contents of the enterprise agreement and the process through which it was negotiated. The Commission found that the agreement was made in good faith and satisfied the procedural requirements of the Fair Work Act 2009. The Commission also determined that the agreement did not undermine the safety net of minimum entitlements and was fair and reasonable in all the circumstances. After reviewing the evidence and submissions from both parties, the Commission approved the La Trobe Melbourne Enterprise Agreement 2015, finding it to be compliant with the legislative requirements.

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