Navitas Pty Ltd T/A Deakin College

[2023] FWCA 236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Navitas Pty Ltd T/A Deakin College

(AG2022/5315)

DEAKIN COLLEGE ENTERPRISE AGREEMENT 2022

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 JANUARY 2023

Application for approval of the Deakin College Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Deakin College Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Navitas Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 23 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Post-Secondary Education) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Navitas Pty Ltd, trading as Deakin College, applied to the Fair Work Commission for approval of the Deakin College Enterprise Agreement 2022. The applicant sought approval of the agreement as a new certified agreement under the Fair Work Act 2009. The applicant submitted the agreement to the Commission on 10 March 2022. The Commission was required to consider whether the agreement should be approved as a new certified agreement under the Fair Work Act. The issues before the Commission were whether the agreement complied with the procedural requirements of the Act, and whether the agreement contained matters that should not be included in an enterprise agreement. The Commission found that the agreement complied with the procedural requirements of the Fair Work Act, including that the agreement was made in good faith and without coercion. The Commission also found that the agreement contained matters that should not be included in an enterprise agreement, including a clause that required employees to undertake additional duties without additional remuneration. However, the Commission found that these matters did not prevent the agreement from being approved as a new certified agreement. The Commission approved the Deakin College Enterprise Agreement 2022 as a new certified agreement under the Fair Work Act. The Commission noted that the agreement provided for a number of improvements for employees, including increased pay and better working conditions. The Commission also noted that the agreement was the result of good faith negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established