DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas Professional Training Pty Ltd T/A Navitas English
(AG2017/5577)

THE NAVITAS ENGLISH ACT ENTERPRISE AGREEMENT 2016 - 2019

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MAY 2018

Application for approval of The Navitas English ACT Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as The Navitas English ACT Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navitas Professional Training Pty Ltd T/A Navitas English. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 7 May 2018 and, in accordance with s.54, will operate from 14 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Navitas Professional Training Pty Ltd, trading as Navitas English, which sought approval for the Navitas English ACT Enterprise Agreement 2016-2019. The dispute was brought before the Fair Work Commission. The primary issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the procedural fairness and substantive fairness criteria, as well as if it provided for minimum entitlements as mandated by the Act.

The court examined whether the agreement was genuinely negotiated between the employer and the employees, and if the process followed was fair and appropriate. It also considered if the agreement provided for terms and conditions that did not disadvantage employees and met the minimum entitlements required by the Act. The court found that the agreement was genuinely negotiated and that the process adhered to the requirements of procedural fairness. It also concluded that the terms of the agreement provided for fair and reasonable conditions for the employees and met all the minimum entitlements.

Following its analysis, the court approved the Navitas English ACT Enterprise Agreement 2016-2019. The decision was made based on the evidence presented, which demonstrated compliance with the statutory requirements. The agreement was found to be fair and reasonable for both the employer and the employees, and it met all the necessary criteria for approval.

Navitas Professional Training Pty Ltd T/A Navitas English

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established