DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Services Pty Ltd
(AG2020/159)

NAVITAS ENGLISH SERVICES SYDNEY TEACHERS' ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Navitas English Services Sydney Teachers’ Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 9 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Navitas English Services Sydney Teachers' Enterprise Agreement 2020. The applicant, Navitas English Services, sought to have the agreement approved, while the respondent, the Education Union, contested the application on various grounds. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act.

The primary legal issues that the Commission had to decide included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the parties. The Commission also needed to consider whether the agreement met the statutory requirements for approval, including whether it provided for the payment of minimum rates of pay and entitlements as prescribed by the relevant awards, and whether it was consistent with the national workplace relations system.

In its decision, the Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated between the parties. The Commission also found that the agreement met the statutory requirements for approval, including the payment of minimum rates of pay and entitlements. The Commission acknowledged that the agreement contained provisions that were more favourable to the employees than the relevant awards, but found that these provisions did not undermine the national workplace relations system. The Commission ultimately approved the agreement, subject to certain modifications to address minor technical issues.

The Commission's final orders included the approval of the Navitas English Services Sydney Teachers' Enterprise Agreement 2020, subject to certain modifications. The modifications included the removal of a clause that provided for the payment of an additional allowance to teachers who had completed a certain level of professional development, as this was found to be inconsistent with the relevant awards. The Commission also made minor technical amendments to the agreement to ensure that it complied with the requirements of the Fair Work Act. The decision provides guidance to employers and unions on the types of provisions that may be included in an enterprise agreement, and the standards that the Commission will apply in approving such agreements.

Navitas English Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established