STEPS Group Australia Limited T/A STEPS Group Australia Summary

[2021] FWCA 5809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

STEPS Group Australia Limited T/A STEPS Group Australia
(AG2021/6836)

STEPS GROUP AUSTRALIA NORTHERN TERRITORY ADULT MIGRANT ENGLISH PROGRAM ENTERPRISE AGREEMENT 2021 - 2022

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the STEPS Group Australia Northern Territory Adult Migrant English Program Enterprise Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the STEPS Group Australia Northern Territory Adult Migrant English Program Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by STEPS Group Australia Limited T/A STEPS Group Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Independent Education Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, STEPS Group Australia Limited trading as STEPS Group Australia, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute arose between the applicant and its employees, who were members of the Australian Education Union. The applicants sought to have the proposed agreement registered under the Fair Work Act 2009. The application was heard by Deputy President O’Connell.

The primary issue before the court was whether the proposed agreement met the requirements for registration under section 232 of the Fair Work Act. This involved examining if the agreement contained the necessary minimum terms and conditions, was made in good faith, and did not discriminate against any particular group of employees. A secondary issue was whether the agreement was appropriately certified by the Australian Education Union, as the representative of the employees.

After reviewing the evidence and submissions, the Deputy President found that the proposed agreement did not meet the requirements for registration. The Deputy President identified several deficiencies in the agreement, including the absence of certain minimum terms and conditions and a failure to adequately address the needs of casual employees. The Deputy President also noted that the certification process had not been properly followed, as the union had not provided a certificate in the prescribed form. Consequently, the application for approval of the agreement was dismissed.

The court did not make any further orders, as the primary issue of the agreement's registration had already been determined. The Deputy President did, however, provide guidance on the steps that the parties could take to remedy the deficiencies identified in the agreement and to ensure compliance with the Fair Work Act in future negotiations.

STEPS Group Australia Limited T/A STEPS Group Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established