Navitas Limited T/A Navitas Summary

[2019] FWCA 6897

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Navitas Limited T/A Navitas

(AG2019/3214)

Eynesbury High School Enterprise Agreement 2018

Educational services
Commissioner Gregory	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Eynesbury High School Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Eynesbury High School Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navitas Limited T/A Navitas. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 10 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Navitas Limited, trading as Navitas, applied for the approval of the Eynesbury High School Enterprise Agreement 2018. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it contained all the mandatory minimum terms and conditions as stipulated by the Act. The application was contested by the Australian Education Union (AEU), which argued that the agreement did not adequately provide for certain employee entitlements and conditions.

The primary legal issue before the Commission was whether the agreement complied with the statutory framework by incorporating all the mandated minimum terms and conditions. The AEU contended that the agreement failed to address certain aspects such as minimum rates of pay, leave provisions, and dispute resolution mechanisms. The Commission needed to determine if the agreement was bona fide and if it met the criteria for approval under the Fair Work Act.

The Commission examined the agreement clause by clause, comparing it against the mandatory minimum terms outlined in the Fair Work Act. The Commission found that while the agreement did not explicitly state certain entitlements, these were implicitly covered by the application of the relevant industrial instruments and awards. The Commission concluded that the agreement, in its entirety, provided for all mandatory minimum terms and conditions and was therefore compliant with the statutory requirements. The application for approval was subsequently granted.

As a result of the decision, the Eynesbury High School Enterprise Agreement 2018 was approved, effective from the date of the decision. This approval ensures that the agreement operates as a legally binding enterprise agreement, providing a framework for the employment conditions of the school's staff.

Navitas Limited T/A Navitas

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established