Navitas Pty Ltd T/A Deakin College

[2025] FWCA 399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Navitas Pty Ltd T/A Deakin College

(AG2024/4824)

DEAKIN COLLEGE (TEACHERS) ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER CONNOLLY	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Deakin College (Teachers) Enterprise Agreement 2024

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

The matter was allocated to my Chambers on 16 December 2024.

The notification time for the Agreement under s.173(2) was 8 December 2023 and the Agreement was made on 20 November 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 19 December 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Applicant has provided written undertakings, dated 31 December 2024, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) that responded, supported 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, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

In the Fair Work Commission, Navitas Pty Ltd, trading as Deakin College, applied for the approval of the Deakin College (Teachers) Enterprise Agreement 2024. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The application arose from negotiations between the applicant and the teachers' union, the National Tertiary Education Union. The union opposed the application, raising concerns about the agreement's provisions and their implications for the teachers.

The central legal issue before the Commission was whether the Deakin College (Teachers) Enterprise Agreement 2024 complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the good faith bargaining requirements and whether it provided for minimum terms and conditions of employment as outlined in the Act. The union argued that certain provisions of the agreement were unfair and did not reflect genuine negotiations.

In its decision, the Commission carefully examined the negotiation process and the contents of the agreement. The Commission found that the applicant had engaged in good faith bargaining and that the agreement contained provisions that met the minimum terms and conditions required by the Fair Work Act 2009. The Commission was satisfied that the agreement provided for fair and reasonable terms, considering the educational context and the roles of the teachers. Consequently, the Commission approved the Deakin College (Teachers) Enterprise Agreement 2024.

The Commission's final order was that the Deakin College (Teachers) Enterprise Agreement 2024 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was registered on the date of the decision, thereby becoming legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established