DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Pty Ltd T/A Navitas English
(AG2016/5226)

THE NAVITAS ENGLISH NSW ENTERPRISE AGREEMENT 2015-2018

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 31 OCTOBER 2016

Application for approval of The Navitas English NSW Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the The Navitas English NSW Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navitas English Pty Ltd T/A Navitas English. The agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Navitas English Pty Ltd, trading as Navitas English, sought approval for the proposed enterprise agreement with its employees, as outlined in the Navitas English NSW Enterprise Agreement 2015-2018. The application was lodged with the Fair Work Commission of Australia. The dispute centred on the fairness and appropriateness of the proposed agreement terms, which were contested by various parties involved in the negotiations. The central issues included the adequacy of the agreement in addressing employee rights, remuneration, and working conditions, alongside compliance with relevant labour laws.

The Fair Work Commission examined whether the proposed agreement met the 'better off overall test', ensuring that employees would not be worse off financially under the new terms compared to their previous conditions. The Commission also assessed the procedural fairness of the agreement, verifying that the negotiation process adhered to legal standards and that all parties had a genuine opportunity to participate. Additionally, the Commission considered the impact of the agreement on the broader labour market, ensuring that the terms did not undermine industrial harmony or set unfair precedents.

Upon thorough review, the Fair Work Commission determined that the proposed agreement was fair and appropriate. The Commission found that the agreement met the better off overall test and that the negotiation process was conducted fairly. Furthermore, the Commission concluded that the terms of the agreement did not have an adverse effect on the labour market. Consequently, the Fair Work Commission approved the Navitas English NSW Enterprise Agreement 2015-2018, allowing it to come into effect as negotiated.

The Commission's final orders included the approval of the enterprise agreement, effective from the date specified in the agreement. The approval was contingent on the agreement being implemented in accordance with the Fair Work Act 2009 and other relevant legislation. The decision was binding on all parties, and any disputes arising from the agreement would be governed by the terms laid out within the approved document.

Navitas English Pty Ltd T/A Navitas English

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established