DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaplan International (Melbourne & Adelaide) Pty Ltd T/A Kaplan International English
(AG2019/955)

KAPLAN INTERNATIONAL ENGLISH MELBOURNE TEACHERS ENTERPRISE AGREEMENT 2019

COMMISSIONER BISSETT

MELBOURNE, 9 MAY 2019

Application for approval of the Kaplan International English Melbourne Teachers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kaplan International English Melbourne Teachers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kaplan International (Melbourne & Adelaide) Pty Ltd T/A Kaplan International English. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kaplan International (Melbourne & Adelaide) Pty Ltd, trading as Kaplan International English, applied to the Fair Work Commission for approval of the Kaplan International English Melbourne Teachers Enterprise Agreement 2019. The applicant argued that the agreement was fair and reasonable, as required under the Fair Work Act 2009. The application was opposed by the Registered Organisations of Australia (ROA), a trade union representing the employees. The union argued that the agreement failed to meet the "better off overall test" and contained terms that were unfair or unreasonable.

The central legal issues before the Commission were whether the agreement met the criteria for being deemed fair and reasonable, and whether it satisfied the "better off overall test." The Commission considered whether the agreement provided for appropriate wage increases, working conditions, and other terms and conditions of employment that were fair and reasonable for the employees. The Commission also assessed whether the agreement complied with the procedural requirements of the Fair Work Act.

In its decision, the Commission found that the agreement met the criteria for being fair and reasonable. The Commission noted that the agreement provided for wage increases that were in line with inflation and industry benchmarks, as well as improved working conditions and other benefits for employees. The Commission also found that the agreement satisfied the "better off overall test," as the overall package of wages and conditions was considered to be fair and reasonable. The Commission was satisfied that the agreement complied with the procedural requirements of the Fair Work Act. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Kaplan International English Melbourne Teachers Enterprise Agreement 2019, finding that it met the criteria for being fair and reasonable and satisfied the "better off overall test." The agreement was deemed to comply with the procedural requirements of the Fair Work Act. The decision provides guidance to employers and employees on the types of terms and conditions that may be included in an enterprise agreement and the standards that must be met for the agreement to be approved by the Commission.

Kaplan International (Melbourne & Adelaide) Pty Ltd T/A Kaplan International English

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established