DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaplan International (Brisbane) Pty Ltd
(AG2017/1413)

KAPLAN INTERNATIONAL ENGLISH - BRISBANE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2017

Application for approval of the Kaplan International English - Brisbane Enterprise Agreement 2017.

[1] On 21 April 2017 Kaplan International (Brisbane) Pty Ltd (Applicant) made an application for approval of the Kaplan International English – Brisbane Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Independent Education Union, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 May 2017. The nominal expiry date of the Agreement is 19 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Kaplan International English – Brisbane Enterprise Agreement 2017. Kaplan International (Brisbane) Pty Ltd, the employer, and the Australian Education Union, the employee representative, were the parties involved. The dispute was over whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the procedural and substantive requirements for approval. This included whether the agreement was made in good faith and whether it contained the necessary terms and conditions that adhered to the Fair Work Act. Additionally, the FWC had to consider whether the agreement was made without coercion, and whether it provided for the proper protection of the employees' rights and interests.

The FWC determined that the agreement was made in good faith and without coercion. The agreement contained all the necessary terms and conditions as required by the Fair Work Act, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The FWC also noted that the agreement was negotiated fairly and provided adequate protection for the employees' rights and interests. Consequently, the FWC approved the Kaplan International English – Brisbane Enterprise Agreement 2017.

The FWC's final order was that the Kaplan International English – Brisbane Enterprise Agreement 2017 be approved, effective from the date of the decision. The approval meant that the agreement would be registered with the Fair Work Commission, and the terms and conditions outlined within it would be legally binding on both the employer and the employees.

Kaplan International (Brisbane) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established