DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Pty Ltd T/A Navitas English
(AG2019/1039)

NAVITAS ENGLISH NSW ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2019

Application for approval of the Navitas English NSW Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Navitas English NSW Enterprise Agreement 2018-2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Navitas English Pty Ltd T/A Navitas English, an educational provider, sought approval for the proposed Navitas English NSW Enterprise Agreement 2018-2021. The application for approval was made by the employer, and the Australian Education Union was the relevant union. The dispute centred around the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave provisions, and other employment-related matters.

The legal issues before the court revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of meeting the "better off overall test" for employees. This test required that employees be no worse off financially and, where possible, better off overall, compared to their previous conditions of employment. Additionally, the court needed to determine if the agreement complied with the Fair Work (Transitional Arrangements) Act 2013 and if it contained any unfair provisions contrary to the Fair Work Act.

The Fair Work Commission examined the proposed agreement in detail, taking into account the submissions from both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, meeting the better off overall test. The commission also determined that the agreement complied with all relevant statutory provisions and did not contain any unfair provisions. Consequently, the court approved the proposed agreement, recognising it as a suitable and fair framework for the employment of the relevant employees.

In light of the findings, the Fair Work Commission approved the proposed Navitas English NSW Enterprise Agreement 2018-2021, effective from the date of the decision. The approval signified that the agreement would govern the terms and conditions of employment for the relevant employees during the specified period, providing a fair and reasonable basis for their working relationship with the employer.

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