Navitas English Services Pty Ltd Summary

[2014] FWCA 3824

FAIR WORK COMMISSION

DECISION

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

Navitas English Services Pty Ltd
(AG2014/888)

NAVITAS ENGLISH SERVICES QUEENSLAND TEACHERS' ENTERPRISE AGREEMENT 2013 - 2016

Educational services
COMMISSIONER BOOTH	BRISBANE, 10 JUNE 2014

Application for approval of the Navitas English Services Queensland Teachers' Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of a single enterprise agreement known as the Navitas English Services Queensland Teachers' Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Navitas English Services Pty Ltd.

[2] On the basis of the material before me, 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.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Navitas English Services Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Navitas English Services Queensland Teachers' Enterprise Agreement 2013 - 2016. The dispute arose as the applicant argued that the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and was tasked with determining whether the agreement complied with the legislative provisions.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it met the requirements of the Fair Work Act, and if the process by which the agreement was formed was compliant with the Act. Specifically, the Commission needed to assess whether the agreement was negotiated in good faith, whether it contained the necessary minimum terms and conditions, and if the proper procedures for bargaining and approval were followed. Additionally, the Commission examined if the agreement provided for the proper representation of employees and if it addressed any potential preferencing of particular industrial instruments.

The Commission concluded that the agreement was genuine and had been negotiated in good faith. It found that the agreement contained the required minimum terms and conditions and that the process by which the agreement was formed adhered to the requirements of the Fair Work Act. The Commission noted that the agreement was negotiated between the applicant and the relevant employee representatives, and it was determined that the process was conducted appropriately. The Commission also found that the agreement provided for adequate employee representation and did not preference any particular industrial instrument over others. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Navitas English Services Queensland Teachers' Enterprise Agreement 2013 - 2016, determining that it met all legislative requirements and was a genuine agreement negotiated in good faith.

Navitas English Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established