INSEARCH Limited

[2013] FWCA 1408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

INSEARCH Limited
(AG2013/5073)

INSEARCH LTD ENGLISH LANGUAGE TEACHERS ENTERPRISE AGREEMENT 2013-2016

Educational services
COMMISSIONER ROBERTS	SYDNEY, 7 MARCH 2013

Application for approval of the INSEARCH Ltd English Language Teachers Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the INSEARCH Ltd English Language Teachers Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by INSEARCH Limited. 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 as is relevant to this application for approval has been met.

[3] The Independent Education Union of Australia, NSW/ACT Branch, 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) 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 14 March 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

INSEARCH Limited applied for the approval of the INSEARCH Ltd English Language Teachers Enterprise Agreement 2013-2016. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The legal issue that arose was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. The agreement had to provide for the minimum terms and conditions of employment, which include provisions for minimum wages, leave entitlements, and other employment-related terms. The applicant had to demonstrate that the agreement was made in good faith and did not discriminate against any employee.

The Fair Work Commission found that the agreement met the criteria for approval. The agreement provided for minimum terms and conditions of employment and was made in good faith. The Commission also found that the agreement did not discriminate against any employee. The application for approval was subsequently granted.

The Fair Work Commission approved the INSEARCH Ltd English Language Teachers Enterprise Agreement 2013-2016. The agreement was deemed to provide for the minimum terms and conditions of employment, and was made in good faith without any discriminatory provisions. The approval ensures that the employees of INSEARCH Limited are provided with fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established