EF International Language Schools Pty Ltd T/A EF International Language Schools

[2013] FWCA 7345

FAIR WORK COMMISSION

DECISION

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

EF International Language Schools Pty Ltd T/A EF International Language Schools
(AG2013/9430)

EF INTERNATIONAL LANGUAGE SCHOOLS (SYDNEY) (TEACHERS) AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the EF International Language Schools (Sydney) (Teachers) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the EF International Language Schools (Sydney) (Teachers) Agreement 2013 (“the Agreement”). The application has been made by EF International Language Schools Pty Ltd T/A EF International Language Schools pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Independent Education Union of Australia (NSW/ACT Branch) has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved EF International Language Schools Pty Ltd, trading as EF International Language Schools, which sought approval of the EF International Language Schools (Sydney) (Teachers) Agreement 2013. The application for approval was brought under section 181 of the Fair Work Act 2009. The union representing the teachers, the Australian Education Union, NSW Branch, opposed the approval of the agreement.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 180 of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement provided for a fair and efficient workplace and whether it was made in good faith. Additionally, the court considered whether the agreement contained terms that were necessary to prevent, reduce or eliminate bullying, sexual harassment, and other forms of unlawful discrimination or unlawful conduct in the workplace. The court also examined whether the agreement adequately protected the rights of employees and provided for their fair and efficient representation.

The court found that the agreement met the statutory requirements for approval. It was satisfied that the agreement provided for a fair and efficient workplace and was made in good faith. The court also noted that the agreement included provisions that were necessary to prevent, reduce or eliminate bullying, sexual harassment, and other forms of unlawful discrimination or unlawful conduct in the workplace. The court considered that the agreement adequately protected the rights of employees and provided for their fair and efficient representation. Consequently, the court approved the EF International Language Schools (Sydney) (Teachers) Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established