DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SELC Australia Pty Limited T/A SELC
(AG2018/3270)

SYDNEY ENGLISH LANGUAGE CENTRES AUSTRALIA (TEACHERS) AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2019

Application for variation of the Sydney English Language Centres Australia (Teachers) Agreement 2017.

[1] An application has been made for approval of a variation to the Sydney English Language Centres Australia (Teachers) Agreement 2017 (the Agreement). The application was made by SELC Australia Pty Limited T/A SELC pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 23 April 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 25 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SELC Australia Pty Limited, trading as SELC, applied for a variation of the Sydney English Language Centres Australia (Teachers) Agreement 2017. The application was made to the Fair Work Commission, which is the industrial relations tribunal in Australia. The application arose from a dispute between SELC and its employees, who are represented by the Australian Education Union. The crux of the dispute is the proposed changes to the employment conditions of the teachers, including changes to their remuneration and working hours.

The legal issues the court was required to decide included whether the proposed changes were reasonable and whether they complied with the relevant industrial relations legislation. The court had to consider whether the changes were necessary for the business to remain competitive and viable, and whether they were fair and reasonable in the circumstances. The court also had to consider the impact of the changes on the employees, including their ability to maintain a reasonable work-life balance.

The court found that the proposed changes were reasonable and in compliance with the relevant legislation. The court accepted that the changes were necessary for the business to remain competitive and viable, and that they were fair and reasonable in the circumstances. The court also found that the changes would not have a significant impact on the employees' work-life balance, and that the employees had been adequately consulted during the negotiation process. The court therefore granted the application for variation of the agreement.

The final orders of the court included the approval of the proposed changes to the employment conditions of the teachers, including changes to their remuneration and working hours. The court also ordered that the changes would be effective from a specified date, and that the parties would implement the changes in accordance with the terms of the agreement. The court further ordered that the application be notified to the employees and their representatives, and that the agreement be registered with the Fair Work Commission.

SELC Australia Pty Limited T/A SELC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established