DECISION

Fair Work Act 2009
s.185—Enterprise agreement

International Educational Services Ltd
(AG2018/510)

INTERNATIONAL EDUCATION SERVICES LTD COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 1 JUNE 2018

Application for approval of the International Education Services Ltd Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the International Education Services Ltd Collective Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by International Educational Services Ltd. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute over the approval of the International Education Services Ltd Collective Enterprise Agreement 2017. The applicant, International Educational Services Ltd, sought approval of the agreement which governed the terms and conditions of employment for its employees. The application was opposed by the Australian Education Union Tertiary Education Branch, representing some of the employees, and the Australian Education Union, which claimed to represent other employees. The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for a valid collective agreement, including whether it was made in good faith and for the purpose of establishing uniform terms and conditions of employment.

The Commission considered whether the agreement was made in good faith and for the proper purpose. The applicant argued that the agreement was the result of genuine negotiations and was intended to establish uniform terms and conditions of employment. The union argued that the agreement was not made in good faith and did not properly represent the interests of the employees. The Commission examined the process by which the agreement was negotiated, the content of the agreement, and the evidence of the parties. The Commission found that the applicant had demonstrated that the agreement was made in good faith and for the proper purpose. The Commission was satisfied that the agreement met the requirements of the Act and approved the application.

The Fair Work Commission approved the International Education Services Ltd Collective Enterprise Agreement 2017, finding that it was made in good faith and for the proper purpose. The Commission found that the applicant had demonstrated that the agreement was the result of genuine negotiations and was intended to establish uniform terms and conditions of employment. The Commission rejected the objections of the unions and approved the agreement. The Commission made an order approving the agreement, which is now the governing instrument for the employment of the relevant employees.

International Educational Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established