Navitas English Services Pty Ltd

[2020] FWCA 5764

[2020] FWCA 5764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Navitas English Services Pty Ltd
(AG2020/2730)

NAVITAS ENGLISH SERVICES QUEENSLAND TEACHERS' ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SPENCER	BRISBANE, 2 NOVEMBER 2020

Application for approval of the Navitas English Services Queensland Teachers' Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Navitas English Services Queensland Teachers' Enterprise Agreement 2020 (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 Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] A number of matters were identified, and responses and undertakings sought from the Employer. The Applicant provided responses and undertakings on 19 October 2020. The views of the Independent Education Union of Australia (the IEU), being a bargaining representative for the Agreement, and Mr Michael Gearing, an employee bargaining representative for the Agreement, were sought regarding the responses and undertakings. The IEU advised that it agreed with the undertakings.

[3]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

● Clause 17.2 – Annual leave;

● Clause 17.10 – Public holidays;

● Clause 8.11 – Deduction/withholding of monies due to the employee under the NES on termination.

[4] However, noting clause 5.2 of the Agreement and the undertakings provided in relation to the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to matters that have been addressed by way of undertakings, 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.

[6] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[7] The IEU has given notice under s.183 of the Act, that it want the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the IEU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2020. The nominal expiry date of the Agreement is 9 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509379  PR724045>

Annexure A.