EC English Australia Pty Limited T/A EC English

[2020] FWCA 604

[2020] FWCA 604

FAIR WORK COMMISSION

DECISION

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

EC English Australia Pty Limited T/A EC English
(AG2020/9)

EC ENGLISH QUEENSLAND ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER SPENCER	BRISBANE, 5 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the EC English Queensland 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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[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] 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.

[6] Pursuant to s.586 of the Act, the Agreement is corrected by inserting paragraph numbers 16.1, 16.2 and 16.3 to paragraphs 1-3 of paragraph 16; and by replacing the word “allowances” in the newly numbered paragraph 16.2 with the word “wages”.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506981  PR716443>