Navitas Pty Limited t/a Griffith College

[2024] FWCA 2437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Navitas Pty Limited t/a Griffith College

(AG2024/2110)

GRIFFITH COLLEGE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 1 JULY 2024

Application for approval of the Griffith College Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Griffith College Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navitas Pty Limited t/a Griffith College (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 5.2 of the Agreement provides that in the event of an inconsistency between this Agreement and the National Employment Standards (NES), the NES will prevail.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Navitas Pty Limited, trading as Griffith College, applied for the approval of the Griffith College Enterprise Agreement 2024 before the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for the company's employees. The application was opposed by the Australian Education Union (AEU), which raised concerns about the agreement's provisions. The central issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, specifically whether it complied with the process provisions and contained permissible content.

The Commission considered whether the agreement had been fairly negotiated and if it adhered to the statutory requirements for approval. The AEU argued that the agreement did not adequately address certain provisions, including those related to pay equity, casual loading, and redundancy payments. Navitas defended the agreement, asserting that it had been negotiated in good faith and that the provisions were fair and reasonable. The Commission examined the negotiation process, the content of the agreement, and the arguments presented by both parties. It determined that while some provisions raised concerns, the overall agreement met the necessary criteria for approval.

After carefully reviewing the evidence and submissions, the Commission found that the agreement was appropriately negotiated and contained permissible content, notwithstanding the AEU's objections. The Commission approved the Griffith College Enterprise Agreement 2024, noting that while it acknowledged the AEU's concerns, the agreement complied with the relevant legislative requirements. The Commission's decision was based on a comprehensive assessment of the negotiation process and the specific provisions of the agreement. The approval of the agreement ensures that it will govern the employment terms and conditions for the employees of Griffith College as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established