DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EF International Language Schools Pty Ltd T/A EF International Language Centres, Sydney
(AG2018/4586)

EF INTERNATIONAL LANGUAGE SCHOOLS (SYDNEY)(TEACHERS) AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	MELBOURNE, 6 DECEMBER 2018

Application for approval of the EF International Language Schools (Sydney) (Teachers) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the EF International Language Schools (Sydney) (Teachers) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EF International Language Schools Pty Ltd T/A EF International Language Centres, Sydney. 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.

[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 13 December 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of EF International Language Schools Pty Ltd T/A EF International Language Centres, Sydney, the Fair Work Commission (FWC) was asked to approve the EF International Language Schools (Sydney) (Teachers) Agreement 2018. This agreement was the result of negotiations between EF International Language Schools and the Australian Education, Media and Entertainment Union (AEEU). The primary focus of the application was to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the FWC centred on whether the agreement met the criteria for approval as stipulated under section 233 of the Fair Work Act. Specifically, the FWC had to consider whether the agreement provided for appropriate mechanisms to resolve disputes, whether it contained provisions that were contrary to public policy, and whether it adequately balanced the interests of both employers and employees. Furthermore, the FWC examined whether the agreement provided for fair and reasonable terms and conditions of employment for the teachers at EF International Language Schools.

The FWC concluded that the agreement was in compliance with the Fair Work Act. The Commission found that the agreement contained appropriate dispute resolution mechanisms, did not contravene any public policy, and balanced the interests of both parties. The FWC also noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific nature of the work performed by the teachers at EF International Language Schools.

Consequently, the FWC approved the EF International Language Schools (Sydney) (Teachers) Agreement 2018, allowing it to be registered and enforceable under the Fair Work Act. This decision ensures that the agreement will provide a fair framework for the employment of teachers at EF International Language Schools, Sydney, while also protecting the rights and interests of both the teachers and the employer.

EF International Language Schools Pty Ltd T/A EF International Language Centres, Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established