Swinburne Academy Pty Ltd T/A Swinburne Academy

[2019] FWC 7748

[2019] FWC 7748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Swinburne Academy Pty Ltd T/A Swinburne Academy
(AG2019/3965)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 12 NOVEMBER 2019

Application for an order relating to instruments covering new employer and non-transferring employees.

[1] Swinburne Academy Pty Ltd T/A Swinburne Academy (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Swinburne University of Technology – Pathways and Vocational Education Agreement 2017 (AE426644) and the Swinburne University of Technology, Academic & General Staff Enterprise Agreement 2017 (AE427589) cover the Applicant in respect of non-transferring employees who perform transferring work in a role that is within the classification structure of the Agreement pursuant to s.319(1)(b) of the Act.

[2] The Applicant has filed submissions in support of the application. The National Tertiary Education Industry Union and the Australian Education Union are covered by the Swinburne University of technology – Pathways and Vocational Education Agreement 2017. The National Tertiary Education Industry Union is covered by the Swinburne University of Technology, Academic & General Staff Enterprise Agreement 2017. Both organisations support the application.

[3] Having considered the application and materials that have been filed, I am satisfied that the Applicant is an employer who may apply for an order pursuant to s.319(2). Considering each of the matters set out in s.319(3) of the Act and the material that has been filed by the Applicant and others in support of the application, I am satisfied that an order pursuant to s.319(1)(b) of the Act should be made.

[4] The Order sought will be issued with this decision.

DEPUTY PRESIDENT

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