DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd
(AG2015/3828)

AUSTRALIAN NATIONAL UNIVERSITY COLLEGE ENTERPRISE AGREEMENT 2014-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 AUGUST 2015

Application for approval of the Australian National University College Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian National University College Enterprise Agreement 2014 - 2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Study Group Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2015. The nominal expiry date of the Agreement is 1 December 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Study Group Australia Pty Ltd applied to the Fair Work Commission for the approval of the Australian National University College Enterprise Agreement 2014-2017. The application was opposed by the Australian Education Union and the Australian Services Union. The primary dispute centred on whether the proposed agreement contained provisions that were contrary to public policy or that did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether certain provisions in the agreement, particularly those relating to the classification and remuneration of employees, were in compliance with the Fair Work Act. The unions argued that the agreement failed to adequately protect employees' rights and entitlements, and that some provisions were contrary to public policy as they potentially allowed for unfair dismissals and inadequate remuneration.

The Fair Work Commission found that while the majority of the agreement was compliant with the Fair Work Act, certain provisions relating to the classification and remuneration of employees did contravene public policy. The Commission emphasised the importance of ensuring that employees were not disadvantaged by the terms of the agreement, and that the agreement did not allow for practices that could be seen as unfair or exploitative. As a result, the Commission refused to approve the agreement as it stood, and directed the parties to negotiate revised provisions that would better align with the principles of the Fair Work Act and public policy considerations.

The final orders of the Commission included the direction for the parties to undertake further negotiations to address the issues identified, and to submit a revised agreement for approval. The Commission emphasised the need for the revised agreement to adequately protect the rights and entitlements of employees, and to comply with all relevant legal and policy requirements.

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