Application by Aitken College Limited Trading AS Aitken College
At a glance
- MA000136, MA000137
What happened
Aitken College Limited, trading as Aitken College, sought approval for a new enterprise agreement called the Aitken College Agreement 2026. The Independent Education Union of Australia (IEU) was involved in negotiations and acted as a bargaining representative. A clause regarding workplace delegates’ rights in the proposed agreement was less beneficial than similar clauses in existing awards.
What was decided
The Fair Work Commission approved the Aitken College Agreement 2026. The Commissioner found that the requirements for approval under sections 186, 187 and 188 of the Fair Work Act were met. To ensure adequate protections for workplace delegates, clauses from existing awards will be incorporated into the agreement. The agreement will operate from July 1, 2026, and expire on December 31, 2029.
What it means for employers
the Respondent creating enterprise agreements must ensure that terms are at least as beneficial as those in relevant awards, particularly regarding workplace delegate rights. Failing to do so can result in clauses from the award being incorporated into the agreement.
What it means for employees
the Applicant should be aware of their workplace delegate rights and ensure these are adequately protected within any enterprise agreements. The IEU’s involvement ensured that protections were maintained despite a less favourable clause in the initial proposal.
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