EC English Australia Pty Limited T/A EC English

[2020] FWCA 625

[2020] FWCA 625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EC English Australia Pty Limited T/A EC English
(AG2019/5147)

EC ENGLISH SYDNEY ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 FEBRUARY 2020

Application for approval of the EC English Sydney Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the EC English Sydney Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EC English Australia Pty Limited T/A EC English. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 2.11.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Notice of Representational Rights lodged with the Application included the contact details of the Human Resources Director and Union Representatives, which is additional content not otherwise prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2020. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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