Navitas English Services Pty Ltd

[2014] FWCA 3551

FAIR WORK COMMISSION

DECISION

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

Navitas English Services Pty Ltd
(AG2014/998)

NAVITAS ENGLISH SERVICES PERTH TEACHERS' ENTERPRISE AGREEMENT 2013 - 2016

Educational services
COMMISSIONER WILLIAMS	PERTH, 28 MAY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Navitas English Services Perth Teachers' Enterprise Agreement 2013 - 2016 (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] 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] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Navitas English Services Pty Ltd to approve the Navitas English Services Perth Teachers' Enterprise Agreement 2013 - 2016. The applicants sought the approval of the agreement, which had been negotiated with the relevant union. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the commission had to address were whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether it contained the necessary good faith bargaining provisions, and if it adequately addressed the rights and obligations of the parties involved. The commission also considered whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement had been made in good faith and met the legal requirements under the Fair Work Act. It concluded that the agreement contained all the necessary provisions for good faith bargaining and adequately reflected the rights and obligations of both the employer and the employees. The commission also determined that the agreement was in the best interests of the employees, taking into account the overall benefits and protections it provided.

As a result, the Fair Work Commission approved the Navitas English Services Perth Teachers' Enterprise Agreement 2013 - 2016, setting out the terms and conditions of employment for the relevant teachers. The approval ensured that the agreement would have legal effect and could be enforced by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established