DECISION

Fair Work Act 2009
s.185—Enterprise agreement

INSEARCH Limited T/A UTS: INSEARCH
(AG2016/676)

ENGLISH LANGUAGE TEACHERS ENTERPRISE AGREEMENT (INSEARCH LIMITED) 2016-2019

Educational services
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2016

Application for approval of the English Language Teachers Enterprise Agreement (INSEARCH Limited) 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the English Language Teachers Enterprise Agreement (INSEARCH Limited) 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by INSEARCH Limited T/A UTS: INSEARCH. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 April 2016 and, in accordance with s.54, will operate from 25 April 2016. The nominal expiry date of the Agreement is 15 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

INSEARCH Limited T/A UTS: INSEARCH applied to the Fair Work Commission for approval of the English Language Teachers Enterprise Agreement (INSEARCH Limited) 2016-2019. The application was opposed by the Australian Education Union (AEU). The AEU argued that the agreement did not meet the requirements of the Fair Work Act 2009 as it did not fairly reflect the employees' interests and did not provide sufficient protections for the employees. The Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act, including whether it fairly reflected the employees' interests and provided sufficient protections for the employees.

The Commission found that the agreement met the criteria for approval. It considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it provided sufficient protections for the employees. The Commission found that the agreement provided for a fair and reasonable rate of pay, as well as provisions for leave, superannuation, and other benefits. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes, and that it provided sufficient protections for the employees in relation to termination of employment.

The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act. The modifications included changes to the provisions relating to leave and the dispute resolution process. The AEU was given the opportunity to make submissions on the modifications, and the Commission considered those submissions in making its final decision. The Commission approved the modified agreement, finding that it met the requirements of the Fair Work Act and provided fair and reasonable terms and conditions of employment for the employees.

The Commission made orders approving the modified agreement, and directing that it be registered with the Fair Work Commission. The AEU was given the opportunity to appeal the decision to the Federal Court, but did not do so. The agreement is now in effect, and provides the terms and conditions of employment for the employees covered by the agreement.

INSEARCH Limited T/A UTS: INSEARCH

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established