Navitas English Pty Ltd

[2014] FWCA 776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Pty Ltd
(AG2013/10133)

THE NAVITAS ENGLISH ENTERPRISE AGREEMENT 2013-2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 31 JANUARY 2014

Application for approval of The Navitas English Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as The Navitas English Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Navitas English Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Navitas English Pty Ltd, sought approval of the proposed enterprise agreement from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for their employees. The application was made under the Fair Work Act 2009, and the relevant tribunal was the Fair Work Commission, presided over by Commissioner McCabe.

The legal issues before the court involved whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it had been fairly negotiated. The court also had to consider whether the agreement contained all the mandatory terms prescribed by the Act and whether the agreement complied with the good faith bargaining requirements.

The Fair Work Commission, after reviewing the evidence and submissions, found that the proposed enterprise agreement was fair and reasonable, and had been fairly negotiated. The Commission was satisfied that the agreement contained all the mandatory terms prescribed by the Act and that it complied with the good faith bargaining requirements. The Commission noted that the agreement provided for a number of benefits for employees, including a wage increase, and that the agreement had been negotiated in good faith between the parties.

As a result, the Fair Work Commission approved the proposed enterprise agreement, and the application was successful. The terms of the agreement will now apply to the employees of Navitas English Pty Ltd for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established