DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EF International Language Schools Pty Ltd T/A EF International Language Centres, Sydney
(AG2016/1219)

EF INTERNATIONAL LANGUAGE SCHOOLS (SYDNEY) (TEACHERS) AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 30 JUNE 2016

Application for approval of the EF International Language Schools (Sydney) (Teachers) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the EF International Language Schools (Sydney) (Teachers) Agreement 2016 (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 Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

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 considered an application for the approval of a workplace agreement. The applicant, EF International Language Schools, sought approval for the EF International Language Schools (Sydney) (Teachers) Agreement 2016. This agreement aimed to regulate the terms and conditions of employment for teachers at the applicant's Sydney language centre. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically whether it provided a safety net for teachers and did not undermine the protection of employees.

The central legal issues before the Commission were whether the proposed agreement provided an improved safety net for teachers, and whether it adhered to the requirements of the Fair Work Act. The applicant argued that the agreement provided a better safety net by offering additional benefits, while the objectors contended that it undermined existing protections by allowing for lower pay rates and less secure employment conditions. The Commission needed to balance the interests of both parties, ensuring that the agreement did not disadvantage employees and that it offered genuine improvements.

The Fair Work Commission, in its decision, carefully examined the provisions of the proposed agreement. The Commission found that the agreement did indeed provide a safety net that was at least equal to the national minimum standards, thus satisfying the requirements of section 235 of the Fair Work Act. However, the Commission also identified certain clauses that could potentially undermine the protection of teachers. After considering the evidence and submissions from both sides, the Commission approved the agreement with modifications to ensure it met all legal requirements. Specifically, the Commission required amendments to specific clauses to safeguard the interests of teachers and ensure the agreement did not provide for less favourable conditions than those provided by the relevant award or enterprise agreement.

The final orders of the Commission included the approval of the EF International Language Schools (Sydney) (Teachers) Agreement 2016, subject to the modifications outlined in the decision. The Commission mandated that the applicant must implement the changes to ensure compliance with the Fair Work Act, thereby upholding the safety net for teachers and maintaining fair employment conditions.

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