DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Study Group Australia Pty Ltd
(AG2015/209)

TAYLORS ENGLISH LANGUAGE PROGRAM (TELP) PERTH TEACHERS ENTERPRISE AGREEMENT 2014

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 10 FEBRUARY 2015

Application for approval of the Taylors English Language Program (TELP) Perth Teachers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Taylors English Language Program (TELP) Perth Teachers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Study Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union, WA Branch, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2015. The nominal expiry date of the Agreement is 31 August 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Ltd brought an application for the approval of the Taylors English Language Program (TELP) Perth Teachers Enterprise Agreement 2014, which was being considered by the Fair Work Commission. The application involved a proposed agreement that was to govern the employment terms and conditions of teachers at the TELP Perth campus. The central dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically concerning the process and content of the agreement, and if it was appropriate for the Commission to approve it.

The court had to determine whether the application for the approval of the enterprise agreement was made in accordance with the legislative framework. This involved examining if the agreement was genuinely an enterprise agreement, whether the prescribed process for its making was followed, and if the agreement covered the requisite minimum terms as stipulated by the Fair Work Act. Additionally, the court had to assess if the agreement was consistent with the principles of the Act, such as promoting workplace harmony and economic efficiency.

The Fair Work Commission, in its judgment, found that the application was duly made and that the proposed agreement complied with the requirements of the Act. The Commission was satisfied that the agreement was genuinely an enterprise agreement, the process followed was appropriate, and it included all the necessary minimum terms. Furthermore, the agreement was deemed to promote the objectives of the Act, including workplace harmony and economic efficiency. As a result, the Commission approved the Taylors English Language Program (TELP) Perth Teachers Enterprise Agreement 2014.

The final orders included the approval of the TELP Perth Teachers Enterprise Agreement 2014, with the agreement to take effect from a specified date. The approval was contingent upon the agreement being registered with the Commission within the prescribed timeframe. The decision was communicated to the parties, and the agreement was set to govern the employment terms and conditions of the teachers at the TELP Perth campus.

Study Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established