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

CaseChat Overview and Summary

In the matter of EC English Australia Pty Limited trading as EC English, the Fair Work Commission was called upon to approve an enterprise agreement proposed by the company. The dispute centred around the terms and conditions of employment outlined in the EC English Queensland Enterprise Agreement 2019. The Commission was required to determine whether the agreement met the necessary legal standards and provided adequate protections for the employees covered by it.

The legal issues before the Commission included whether the agreement appropriately balanced the rights and obligations of both employers and employees, and whether it complied with the applicable provisions of the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement did not undermine the safety net of minimum entitlements, provided for a fair and efficient method of determining rates of pay and other conditions, and was free from any provisions that might be considered harsh, unjust, or unreasonable.

In delivering its decision, the Commission emphasised the importance of the agreement promoting harmonious, productive, and cooperative workplace relations. It was noted that the agreement provided for a number of benefits to employees, including increased wages and better working conditions. However, the Commission also identified some areas of concern, such as the classification of certain roles and the impact of the agreement on the overall fairness and balance of the employment relationship. Ultimately, the Commission determined that, while not perfect, the agreement did meet the legal requirements and was in the best interests of the employees. Consequently, the EC English Queensland Enterprise Agreement 2019 was approved.

The Commission's final orders included the approval of the agreement, subject to certain modifications to address the concerns raised during the hearing. These modifications related primarily to the clarification of certain job classifications and the establishment of a more transparent process for resolving disputes. The Commission also directed that the agreement be brought to the attention of all affected employees and that any necessary implementation steps be taken promptly.

EC English Australia Pty Limited T/A EC English

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established