DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insearch Ltd T/A UTS Insearch
(AG2019/1823)

INSEARCH ENGLISH LANGUAGE TEACHERS ENTERPRISE AGREEMENT 2019-2022

Educational services
COMMISSIONER JOHNS	SYDNEY, 18 JUNE 2019

Application for approval of the Insearch English Language Teachers Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Insearch English Language Teachers Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Insearch Ltd 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 11 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Insearch Ltd trading as UTS Insearch, the applicant sought approval for the Insearch English Language Teachers Enterprise Agreement 2019-2022. The applicant argued that the agreement was fit for purpose and should be approved by the Fair Work Commission. The dispute was heard by the Fair Work Commission in Australia, with the Commission needing to determine whether the agreement met the legal standards for approval.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission had to consider whether the agreement provided for a fair and efficient workplace and whether it was made in good faith. Additionally, the Commission needed to assess if the agreement met the requirements for being a "single, simple and effective agreement."

The Commission found that the agreement complied with the legal requirements for approval. It noted that the agreement provided for a fair and efficient workplace and was made in good faith. The Commission also found that the agreement met the requirements for being a "single, simple and effective agreement." The Commission approved the agreement, stating that it was fair and appropriate for the employees covered by the agreement.

The Commission approved the Insearch English Language Teachers Enterprise Agreement 2019-2022, finding that it met the legal requirements for approval. The agreement was deemed to provide for a fair and efficient workplace and was made in good faith. Furthermore, the agreement was considered to be a "single, simple and effective agreement."

Insearch Ltd 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