DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd
(AG2019/2511)

TAYLORS COLLEGE WATERLOO CAMPUS ENTERPRISE AGREEMENT 2019 - 2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 AUGUST 2019

Application for approval of the Taylors College Waterloo Campus Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Taylors College Waterloo Campus Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (NSW/ACT Branch) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 August 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Ltd, an educational institution, applied for approval of the Taylors College Waterloo Campus Enterprise Agreement 2019-2022, which governs the terms and conditions of employment for its employees. The application was made under the Fair Work Act 2009. The application was opposed by the Australian Education Union and the National Tertiary Education Union, who argued that the agreement did not adequately address certain employee entitlements, particularly in relation to casual loading and annual leave.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act, particularly concerning the provisions for casual loading and annual leave, and whether it provided for fair and reasonable terms and conditions of employment. The unions contended that the agreement failed to provide for adequate casual loading and annual leave entitlements, which were not in line with industry standards and were not fair and reasonable.

The court examined the agreement in detail, considering the evidence provided by both parties. The court noted that the agreement provided for certain minimum entitlements for casual employees, including a casual loading of 25% and annual leave provisions. The court found that while there were some areas for improvement, the overall agreement provided for fair and reasonable terms and conditions of employment. The court was satisfied that the agreement met the requirements of the Fair Work Act and approved the application.

The court's decision was that the Taylors College Waterloo Campus Enterprise Agreement 2019-2022 was approved, subject to certain modifications to address the unions' concerns regarding casual loading and annual leave. The court ordered that the agreement be amended to provide for a casual loading of 25% and annual leave entitlements that were in line with industry standards.

Study Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established