SELC Australia Pty Limited T/A Sydney English Language Centres Australia

[2014] FWCA 1778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SELC Australia Pty Limited T/A Sydney English Language Centres Australia
(AG2014/3818)

SYDNEY ENGLISH LANGUAGE CENTRES AUSTRALIA (TEACHERS) AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 14 MARCH 2014

Application for approval of the Sydney English Language Centres Australia (Teachers) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sydney English Language Centres Australia (Teachers) Agreement 2014 (“the Agreement”). The application has been made by SELC Australia Pty Limited T/A Sydney English Language Centres Australia (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement and as the Agreement does not contain a complying consultation term, the model consultation term is also taken to be a term of the Agreement. Further, I also note the Agreement contains a typographical error in its reference to “Schedule 1 - Transitional Arrangements for Existing Teachers”. No such schedule forms, or was intended to form, part of the Agreement.

[3] The Independent Education Union of Australia concurs with the content of the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SELC Australia Pty Limited, trading as Sydney English Language Centres Australia, applied to the Fair Work Commission for approval of the Sydney English Language Centres Australia (Teachers) Agreement 2014. The applicant sought approval of the agreement to ensure it met the necessary requirements under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for teachers at the language centres, including matters such as pay rates, working conditions, and other employment-related provisions. The Commission was tasked with assessing whether the agreement provided for fair and reasonable terms and conditions for the teachers and complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained terms that were fair and reasonable, and whether it adhered to the procedural requirements for making an enterprise agreement. The Commission also had to consider whether the agreement complied with the "better off overall test," ensuring that the teachers would not be worse off financially if the agreement replaced any existing awards or agreements.

In reaching its decision, the Fair Work Commission examined the content of the Sydney English Language Centres Australia (Teachers) Agreement 2014 in detail. The Commission assessed the fairness and reasonableness of the terms and conditions proposed in the agreement, taking into account the economic and employment context of the language centres industry. The Commission also evaluated the agreement against the "better off overall test" and determined that the agreement did indeed provide for fair and reasonable terms. Consequently, the Commission approved the agreement, finding that it met all the necessary legal requirements and would not result in the teachers being worse off financially.

The Fair Work Commission approved the Sydney English Language Centres Australia (Teachers) Agreement 2014, effective from the date of the decision. The Commission's approval signified that the agreement complied with the Fair Work Act 2009 and provided fair and reasonable terms for the teachers. The approved agreement became a legally binding enterprise agreement between SELC Australia Pty Limited and the teachers, governing their employment terms and conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established