Navitas English Services Pty Ltd T/A Navitas English

[2023] FWCA 1762

[2023] FWCA 1762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Navitas English Services Pty Ltd T/A Navitas English

(AG2023/971)

NAVITAS ENGLISH SERVICES PERTH TEACHERS’ ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER HUNT	BRISBANE, 16 JUNE 2023

Application for approval of the Navitas English Services Perth Teachers’ Enterprise Agreement 2023

1. Navitas English Services Pty Ltd T/A Navitas English (the Employer) has applied for approval of an enterprise agreement known as the Navitas English Services Perth Teachers’ Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer provided submissions in response.

1. The Independent Education Union of Australia (IEU) sought to be heard in respect of this application, asserting that it was a bargaining representative and had been involved in bargaining meetings in 2020.  Meetings where thereafter cancelled by the Employer and the Agreement was then put to a vote of employee in April 2023.

1. The IEU completed a Form F18, raising a number of concerns with respect to the Agreement.  In communication sent on 5 May 2023, the Employer accepted the IEU is a bargaining representative if it has members who would be covered by the Agreement.  I am satisfied the IEU is a bargaining representative pursuant to s.176(1)(b) of the Act

1. On 2 June 2023, I convened a telephone conference with the parties.  Following the conference, the Employer provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings. On 6 June 2023, the IEU and Ms Tubbing, an employee bargaining representative, each advised they did not object to the undertakings.

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The IEU 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 IEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023.  The nominal expiry date of the Agreement is 16 June 2027.

COMMISSIONER

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Annexure A – Undertakings