DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Services Pty Ltd
(AG2017/3320)

NAVITAS ENGLISH SERVICES DARWIN TEACHERS’ ENTERPRISE AGREEMENT 2017 - 2019

Northern Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Navitas English Services Darwin Teachers' Enterprise 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 Agreement was approved on 6 November 2017 and, in accordance with s.54, will operate from 13 November 2017. 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

In the Fair Work Commission, the applicant, Navitas English Services Pty Ltd, sought approval of the Navitas English Services Darwin Teachers' Enterprise Agreement 2017 - 2019. The application was made under section 234 of the Fair Work Act 2009, as the applicant and the teachers' union had been unable to reach an agreement. The union, representing the teachers, opposed the application.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it was in the best interests of the employees and whether it included the mandated minimum terms and conditions. The Commission had to assess whether the agreement provided for fair and reasonable terms for the employees, and whether it contained all the prescribed minimum entitlements as per the Fair Work Act.

The Commission found that the proposed agreement was in the best interests of the employees and contained all the required minimum terms and conditions. The Commission approved the agreement based on the evidence presented, which demonstrated that the agreement was fair and reasonable. It also included all the mandatory minimum entitlements, such as minimum wage rates, leave entitlements, and other conditions of employment.

The Fair Work Commission approved the Navitas English Services Darwin Teachers' Enterprise Agreement 2017 - 2019. The approval was based on the evidence that the agreement met the requirements of the Fair Work Act, including the provision of fair and reasonable terms for the employees and the inclusion of all mandated minimum terms and conditions.

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