austlii:cth/FWCA/2025/2800
General information, not legal advice.
FWCA
2025-08-22
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Monash College Proprietary Limited Trading AS Monash College
MONASH COLLEGE PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the Monash College Pty Ltd Enterprise Agreement 2025
[1] Monash College (ABN: 64 064 031 714) has applied for approval of an enterprise agreement known as the Monash College Pty Ltd Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
Clause 25.3.1(a) - Unpaid carer's leave
Clause 28.1.1 - Public holidays
Clause 33 - Compassionate leave
[4] The Employer has provided written undertakings. 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.
[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[7] The National Tertiary Education Industry Union (NTEU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the NTEU.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 August 2025.
[9] In accordance with clause 4.1, the nominal expiry date of the Agreement is 31 December 2026.
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