DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd T/A Study Group Australia
(AG2019/1084)

ANU COLLEGE ENTERPRISE AGREEMENT 2018-2019

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 JUNE 2019

Application for approval of the ANU College Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the ANU College Enterprise Agreement 2018-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Study Group Australia Pty Ltd T/A Study Group Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Study Group Australia, trading as Study Group Australia, applied to the Fair Work Commission for approval of the Australian National University College Enterprise Agreement 2018-2019. The dispute centred around the proposed terms and conditions of employment for the employees covered by the agreement, with objections raised by various parties concerning the adequacy of the proposed provisions. The Fair Work Commission, as the body responsible for reviewing and approving enterprise agreements under the Fair Work Act 2009, was tasked with determining whether the agreement complied with the necessary legal standards and whether it met the criteria for approval.

The primary legal issues before the Commission were whether the proposed agreement provided for the minimum terms and conditions of employment, and whether it was made in good faith. The Commission had to ensure that the agreement did not prejudice the right of employees to protected industrial action, and that it did not unfairly discriminate against any particular group of employees. Additionally, the Commission considered whether the agreement met the procedural requirements, including the provision of relevant information to employees and the conduct of a secret ballot.

In its decision, the Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission determined that the agreement provided for the minimum terms and conditions of employment and was made in good faith. It was satisfied that the agreement did not prejudice the right of employees to protected industrial action and did not unfairly discriminate against any particular group of employees. Furthermore, the Commission found that the agreement met the procedural requirements, as the relevant information had been provided to employees and a secret ballot had been conducted. Based on these findings, the Commission approved the Australian National University College Enterprise Agreement 2018-2019.

The Fair Work Commission's final order was the approval of the Australian National University College Enterprise Agreement 2018-2019. This decision confirmed the agreement as the governing document for the employment terms and conditions of the employees covered by the agreement, subject to the provisions of the Fair Work Act 2009 and any relevant industrial instruments. The approval ensures that the agreement is legally binding and enforceable, providing a framework for the relationship between Study Group Australia and the employees covered by the agreement.

Study Group Australia Pty Ltd T/A Study Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established