DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian College of Business Pty Ltd T/A Access Language Centre
(AG2016/6375)

AUSTRALIAN COLLEGE OF BUSINESS PTY LTD TRADING AS ACCESS LANGUAGE CENTRE (TEACHERS) AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Australian College of Business Pty Ltd Trading as Access Language Centre (Teachers) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian College of Business Pty Ltd Trading as Access Language Centre (Teachers) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian College of Business Pty Ltd T/A Access Language Centre. The Agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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 Independent Education Union of Australia, 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 9 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Australian College of Business Pty Ltd trading as Access Language Centre (Teachers) Agreement 2016, the Fair Work Commission was required to assess the fairness and appropriateness of the agreement under the Fair Work Act 2009. The application was brought forth by the employer, the Australian College of Business, seeking endorsement of an enterprise agreement that governs the employment terms of teachers within the institution. The application was filed in the Fair Work Commission, the body tasked with regulating and approving such agreements to ensure they meet the statutory criteria for fairness and compliance with the broader labour laws.

The primary legal issues the Commission had to address involved whether the agreement adequately covered the minimum terms and conditions as prescribed by the Fair Work Act, and whether it was free from any provisions that would unfairly disadvantage employees. Furthermore, the Commission needed to evaluate if the agreement had been genuinely negotiated between the employer and the teachers and if it provided for an effective dispute resolution process. The scope of the agreement, its alignment with broader labour standards, and its capacity to foster a fair and productive workplace environment were also central to the Commission’s deliberations.

The Fair Work Commission found that the Australian College of Business Pty Ltd Trading as Access Language Centre (Teachers) Agreement 2016 met the necessary criteria for approval. The Commission noted that the agreement comprehensively addressed the minimum terms and conditions, including provisions for pay rates, working hours, leave entitlements, and other employment-related matters. It was also determined that the agreement had been genuinely negotiated between the parties, evidenced by the involvement of recognised representatives. The Commission highlighted the presence of an effective dispute resolution framework within the agreement, which was deemed sufficient to manage and resolve any future employment-related issues. Consequently, the Commission approved the agreement, recognising its fairness and appropriateness under the legislative framework.

No additional orders were made by the Commission, and the approval of the agreement stands as the primary outcome of the proceedings. The teachers at the Australian College of Business Pty Ltd will now be governed by the terms and conditions set forth in the 2016 agreement, which has been endorsed as compliant with the Fair Work Act.

Australian College of Business Pty Ltd T/A Access Language Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established