DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Limited T/A Taylors Waterloo
(AG2017/1303)

STUDY GROUP TAYLORS COLLEGE WATERLOO CAMPUS ENTERPRISE AGREEMENT 2017 - 2018

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JUNE 2017

Application for approval of the Study Group Taylors College Waterloo Campus Enterprise Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Study Group Taylors College Waterloo Campus Enterprise Agreement 2017 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Study Group Australia Pty Limited T/A Taylors Waterloo. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Study Group Australia Pty Limited, trading as Taylors Waterloo, applied for approval of the Enterprise Agreement dated 1 April 2017. The respondents to the application were the Australian Education Union and the National Tertiary Education Union, on behalf of their members employed at the Taylors Waterloo campus. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, particularly in relation to the approval of the proposed changes to wages and conditions.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness and the avoidance of adverse action. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for the employees, including the provision of adequate wages and conditions, and whether it met the criteria for being a "better off overall" agreement.

The Commission found that the application was procedurally sound and that the agreement contained provisions that were fair and reasonable for the employees. The Commission noted that the agreement provided for a 3.25% increase in wages over the period of the agreement, as well as a range of other benefits, including increased leave entitlements and the introduction of a new "wellbeing leave" provision. The Commission also found that the agreement met the "better off overall" test, as it provided for a range of benefits that outweighed the wage increase. The Commission approved the Enterprise Agreement, subject to certain minor amendments to the wording of some provisions.

In conclusion, the Commission approved the Enterprise Agreement, with minor amendments, finding that it was fair and reasonable and met the statutory requirements. The Commission found that the agreement provided for a range of benefits that were "better off overall" for the employees and that the application was procedurally sound. The approval of the agreement will provide certainty for the employees and the employer, and will govern the terms and conditions of employment at the Taylors Waterloo campus for the period of the agreement.

Study Group Australia Pty Limited T/A Taylors Waterloo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established