Study Group Australia Pty Limited T/A Embassy English

[2014] FWCA 1272

[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

<Price code C, AE406972  PR547992>