Navitas English Services Pty Ltd T/A Navitas English

[2014] FWC 6227

FAIR WORK COMMISSION

DECISION

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

Navitas English Services Pty Ltd T/A Navitas English
(AG2014/1395)

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 9 SEPTEMBER 2014

Agreement variation; incorrect consolidated Agreement attached with original decision [2014] FWCA 4894

[1] An Application to approve the Navitas English Services Darwin Teachers’ Enterprise Agreement 2013 - 2016 (the Agreement) was made on 17 June 2014. The approval decision of 23 July 2014 [2014] FWCA 4894 was issued with the incorrect version of the Agreement attached to it. This was a result of the incorrect version of the Agreement being lodged by Navitas English Services Pty Ltd (Navitas).

[2] Correspondence has been received from Navitas confirming the Agreement lodged did not include one provision in Schedule A to the Agreement, which provides for the payment of a $500 sign on payment to certain employees on the date the Fair Work Commission approves the Agreement.

[3] The corrected consolidated version of the Agreement AE409190 is now attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Navitas English Services Pty Ltd, trading as Navitas English, brought a case before the Fair Work Commission (FWC) to seek a variation of an enterprise agreement. The dispute centred around the inclusion of a clause in the agreement concerning the payment of a percentage of an employee’s salary to a third party. The FWC was required to determine whether the original decision, which included a different consolidated agreement, was correct.

The primary legal issue before the FWC was whether the original decision, which included an incorrect consolidated agreement, should be varied to include the correct consolidated agreement. This involved assessing the appropriateness of the original decision and the impact of the incorrect consolidated agreement on the fairness and effectiveness of the enterprise agreement. Additionally, the FWC had to consider whether the inclusion of the correct consolidated agreement would result in a substantive change to the agreement.

The FWC found that the original decision contained an incorrect consolidated agreement and that this error had implications for the fairness and effectiveness of the enterprise agreement. The Commission noted that the incorrect agreement could potentially disadvantage employees and undermine the integrity of the agreement. Therefore, the FWC determined that the original decision should be varied to include the correct consolidated agreement. The FWC concluded that this variation was necessary to ensure the agreement was fair and effective, and to rectify the error in the original decision.

The FWC ordered that the original decision be varied to include the correct consolidated agreement. This variation aimed to correct the error and ensure that the enterprise agreement was fair and effective. The FWC's decision highlighted the importance of accuracy in the documentation and agreements submitted to the Commission, and the need to rectify errors to protect the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established