Study Group Australia Pty Limited T/A Taylor College Summary

[2014] FWCA 566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Limited T/A Taylor College
(AG2013/12773)

TAYLORS COLLEGE - WATERLOO CAMPUS - ENTERPRISE AGREEMENT 2014-2016

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 22 JANUARY 2014

Application for approval of the Taylors College - Waterloo Campus - Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Taylors College - Waterloo Campus - Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Study Group Australia Pty Limited T/A Taylor College. 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 29 January 2014. The nominal expiry date of the Agreement is 31 December 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Limited, trading as Taylors College, applied to the Fair Work Commission for the approval of an enterprise agreement covering its Waterloo Campus employees for the period 2014 to 2016. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court responsible for making this determination.

The primary legal issues the commission had to resolve were whether the agreement complied with the procedural requirements of the Fair Work Act, including provisions regarding genuine agreement, coverage, and good faith bargaining. Additionally, the commission needed to assess whether the terms and conditions within the agreement were fair and reasonable, and whether the agreement included all mandatory terms. The commission also examined whether the agreement was consistent with the national minimum standards set out in the Fair Work Act.

The Fair Work Commission found that the application met the procedural requirements for approval. The commission was satisfied that the agreement was genuinely negotiated and covered the appropriate employees. It was also determined that the agreement was made in good faith and included all mandatory terms. Furthermore, the commission assessed that the terms and conditions of the agreement were fair and reasonable and did not fall below the national minimum standards. Consequently, the commission approved the enterprise agreement.

The Fair Work Commission approved the Taylors College - Waterloo Campus - Enterprise Agreement 2014-2016, finding it met all legal requirements for approval under the Fair Work Act 2009.

Study Group Australia Pty Limited T/A Taylor College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established