Cyneast Pty Ltd T/A Speacialty Language Centre & Oxford College of English Summary

[2013] FWCA 8419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cyneast Pty Ltd T/A Speacialty Language Centre & Oxford College of English
(AG2013/8780)

CYNEAST PTY LTD TRADING AS SPECIALTY LANGUAGE CENTRE & OXFORD COLLEGE OF ENGLISH (TEACHERS) AGREEMENT 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 28 OCTOBER 2013

Application for approval of the Cyneast Pty Ltd trading as Specialty Language Centre & Oxford College of English (Teachers) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cyneast Pty Ltd trading as Specialty Language Centre & Oxford College of English (Teachers) Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cyneast Pty Ltd trading as Specialty Language Centre & Oxford College of English. 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 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (NSW/Act Branch) 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Cyneast Pty Ltd, trading as Specialty Language Centre & Oxford College of English, and a trade union, with the dispute concerning the application for approval of the Cyneast Pty Ltd trading as Specialty Language Centre & Oxford College of English (Teachers) Agreement 2013. The matter was heard by the Fair Work Commission, which is the Australian workplace relations tribunal.

The primary legal issue before the Commission was whether the application for approval of the agreement should be granted, considering the extent to which it complied with the relevant statutory provisions and the principles of good faith bargaining. The Commission needed to assess if the agreement met the requirements of being in writing, not being contrary to any law, and whether it was genuinely an agreement reached through good faith bargaining between the parties.

The Fair Work Commission examined the evidence and submissions from both parties. It considered whether the agreement contained all the necessary elements, including terms and conditions of employment, and whether it was negotiated in good faith. The Commission also assessed whether the agreement was consistent with the applicable laws and principles of fairness and equity. After thorough deliberation, the Commission determined that the agreement met the necessary criteria and was in compliance with the relevant legislation and principles. Consequently, the Commission approved the agreement.

The Fair Work Commission granted the application for approval of the Cyneast Pty Ltd trading as Specialty Language Centre & Oxford College of English (Teachers) Agreement 2013. This decision affirmed the validity of the agreement and established it as a legally binding document governing the employment terms and conditions of teachers within the specified entities.

Cyneast Pty Ltd T/A Speacialty Language Centre & Oxford College of English

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established