DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Services Pty Ltd
(AG2017/3634)

NAVITAS ENGLISH SERVICES PERTH TEACHERS’ AGREEMENT 2017-2019

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JANUARY 2018

Application for approval of the Navitas English Services Perth Teachers’ Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Navitas English Services Perth Teachers' Agreement 2017-2019 (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 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 was approved on 15 January 2018 and, in accordance with s.54, will operate from 22 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Navitas English Services Pty Ltd recently appeared before the Fair Work Commission seeking approval of the Navitas English Services Perth Teachers’ Agreement 2017-2019. The application involved the terms and conditions of employment for teachers employed by Navitas at their Perth campus. The dispute centred around whether the proposed agreement adequately met the requirements of the Fair Work Act 2009 for approval.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms, and whether it was consistent with the broader principles of the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for fair remuneration, reasonable working hours, adequate leave provisions, and other employment conditions that were fair and reasonable. Furthermore, the Commission examined whether the agreement adequately protected the rights of employees and whether it complied with the award provisions.

The Fair Work Commission, after reviewing the submissions and the evidence presented, found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms, including appropriate remuneration and reasonable working hours. It also found that the agreement contained provisions for adequate leave and other employment conditions that were fair and reasonable. The Commission was satisfied that the agreement complied with the relevant awards and met the standards set by the Fair Work Act.

The Commission approved the Navitas English Services Perth Teachers’ Agreement 2017-2019, effective from 1 January 2017. The approval ensures that the agreement provides fair and reasonable terms for the teachers employed by Navitas at their Perth campus, aligning with the objectives of the Fair Work Act. This decision underscores the importance of ensuring that employment agreements meet the statutory requirements for approval, protecting the rights of employees while allowing for fair business operations.

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