Aspect Education Sydney Pty Ltd T/A Kaplan International English Sydney City Summary

[2014] FWCA 1760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aspect Education Sydney Pty Ltd T/A Kaplan International English Sydney City
(AG2014/3793)

KAPLAN INTERNATIONAL ENGLISH SYDNEY CITY (TEACHERS) AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 14 MARCH 2014

Application for approval of the Kaplan International English Sydney City (Teachers) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kaplan International English Sydney City (Teachers) Agreement 2014 (“the Agreement”). The application has been made by Aspect Education Sydney Pty Ltd T/A Kaplan International Sydney City (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Independent Education Union of Australia concurs with the content of the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 September 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Aspect Education Sydney Pty Ltd trading as Kaplan International English Sydney City, the application was brought before the Fair Work Commission to seek approval of the Kaplan International English Sydney City (Teachers) Agreement 2014. The applicant, the employer, sought the endorsement of this enterprise agreement which would regulate the employment terms and conditions for teachers employed by the respondent. The dispute involved the terms of the proposed agreement and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to examine if the agreement provided for a fair and reasonable safety net for employees, and if it contained provisions that were necessary to ensure that the terms of the agreement were fair and reasonable. The court also needed to consider whether the agreement complied with the good faith bargaining requirements and if it had been genuinely agreed to by the parties involved.

The Fair Work Commission, in its decision, found that the proposed agreement was fair and reasonable in terms of safety net provisions. The commission noted that the agreement included provisions for minimum wages, penalty rates, leave entitlements and other benefits, which aligned with the statutory minimum standards. Additionally, the commission assessed that the agreement was the product of good faith bargaining and had been genuinely agreed upon by the parties. As a result, the commission approved the Kaplan International English Sydney City (Teachers) Agreement 2014.

The court's final order was that the Kaplan International English Sydney City (Teachers) Agreement 2014 be approved as a registered agreement under the Fair Work Act. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would govern the employment conditions for teachers at the respondent institution. This decision provided certainty and clarity for both the employer and the employees, formalising the terms of their employment relationship.

Aspect Education Sydney Pty Ltd T/A Kaplan International English Sydney City

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established