Insearch Limited T/A UTS College

[2022] FWCA 3455

[2022] FWCA 3455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Insearch Limited T/A UTS College

(AG2022/3985)

UTS College English Language Teachers Enterprise Agreement

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 OCTOBER 2022

Application for approval of the UTS College English Language Teachers Enterprise Agreement

1. An application has been made for approval of an enterprise agreement to be known as the UTS College English Language Teachers Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Insearch Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 6 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Post-Secondary Education) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

1. 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model consultation and flexibility clauses

1. 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.

1. 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.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 1 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517667  PR746548>

Annexure A