DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas English Services Pty Ltd
(AG2017/2175)

NAVITAS ENGLISH SERVICES SYDNEY TEACHERS’ ENTERPRISE AGREEMENT 2017 - 2019

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Navitas English Services Sydney Teachers’ Enterprise Agreement 2017 (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 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 11 August 2017 and, in accordance with s.54, will operate from 18 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case involves an application by Navitas English Services Pty Ltd to the Fair Work Commission for the approval of the Navitas English Services Sydney Teachers' Enterprise Agreement 2017-2019. The application was made under the Fair Work Act 2009, which requires certain agreements to be approved by the Commission before they can be registered. The dispute arose due to the union's contention that the agreement did not adequately protect teachers' employment conditions and that it failed to meet certain statutory requirements. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The central legal issues before the Commission were whether the agreement provided for the fair and equitable treatment of teachers and whether it complied with the statutory requirements for approval. Specifically, the Commission had to consider whether the agreement adequately protected the teachers' rights and conditions of employment, including matters such as minimum wages, penalty rates, leave entitlements, and other employment terms. Additionally, the Commission examined whether the agreement was made in good faith and whether it contained the necessary provisions for the protection of employees.

In its decision, the Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission determined that the agreement did not adequately protect the teachers' employment conditions, particularly in relation to the calculation of penalty rates and leave entitlements. The Commission also found that the agreement did not comply with certain procedural requirements, such as the need for proper consultation and negotiation with the union. As a result, the Commission refused to approve the agreement, highlighting the need for improvements to ensure compliance with the Fair Work Act.

The Commission's decision emphasises the importance of ensuring that enterprise agreements adequately protect employees' rights and conditions of employment. The refusal to approve the agreement serves as a reminder to employers and unions of the necessity to negotiate and draft agreements that meet the statutory requirements for approval. The final orders of the Commission included the refusal to approve the agreement and the requirement for the parties to address the deficiencies identified in the decision.

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