Study Group Australia Pty Limited T/A Embassy English

[2014] FWCA 1272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Limited T/A Embassy English
(AG2014/3457)

EMBASSY ENGLISH DARLINGHURST CAMPUS ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Embassy English Darlinghurst Campus Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Embassy English Darlinghurst Campus Enterprise Agreement 2014 (“the Agreement”). The application has been made by Study Group Australia Pty Limited trading as Embassy English (“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. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any view concerning the undertakings. 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. Further, I also note, as the Agreement does not contain a complying flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The Independent Education Union of Australia (NSW/ACT Branch) 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 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Study Group Australia Pty Limited trading as Embassy English, sought approval of the Embassy English Darlinghurst Campus Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred on the procedural fairness and potential industrial implications of the agreement, which was intended to govern the terms and conditions of employment for certain employees at the Darlinghurst campus. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around the procedural fairness of the agreement and its potential industrial implications. Specifically, the Commission needed to assess whether the agreement was genuinely negotiated and whether it could lead to significant industrial action. Additionally, the Commission had to consider whether the agreement complied with the requirements of the Fair Work Act, including provisions related to the protection of employees' rights and the avoidance of industrial disputes.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and met the criteria for procedural fairness. The Commission noted that the applicant had provided sufficient evidence to demonstrate that the agreement was the result of genuine negotiations between the parties. Furthermore, the Commission concluded that the agreement did not have significant industrial implications, as it primarily dealt with non-core industrial matters. The Commission also found that the agreement complied with the requirements of the Fair Work Act and did not adversely affect employees' rights or lead to industrial disputes. Based on these findings, the Commission approved the Embassy English Darlinghurst Campus Enterprise Agreement 2014.

The Fair Work Commission's decision was final and binding, and the agreement was approved as requested. The applicant was directed to implement the approved agreement and ensure that it was communicated to all affected employees. The Commission's approval ensured that the agreement would be legally enforceable and would provide a framework for the employment relationship at the Darlinghurst campus.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established