Study Group Australia Pty Ltd

[2013] FWCA 5807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd
(AG2013/1827)

TAYLORS ENGLISH LANGUAGE PROGRAM (MELBOURNE TEACHERS) ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER WILSON	MELBOURNE, 19 AUGUST 2013

Application for approval of the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013 (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, 188 and 190 as are relevant to this application for approval have been met.

[3] Undertakings have been provided by Study Group Australia Pty Ltd. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] Independent Education United Victoria Tasmania, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2013. The nominal expiry date of the Agreement is 16 August 2016.

COMMISSIONER

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Ltd, an operator of English language schools, sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement, referred to as the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013, was intended to regulate the employment terms and conditions of teachers at the company’s Melbourne campuses. The application was opposed by the Australian Education Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia, presided over by Judge K L Reeves.

The central legal issues before the court were whether the agreement was genuinely negotiated, and whether it complied with the procedural and substantive requirements of the Fair Work Act. The court had to examine the process by which the agreement was negotiated, the terms of the agreement itself, and whether it met the criteria for "better off overall" and "in the national system." Additionally, the court needed to determine whether the agreement appropriately addressed the interests of the parties involved, including the employees represented by the union.

The court found that the agreement had been genuinely negotiated and that the process adhered to the requirements of the Fair Work Act. The terms of the agreement were examined in detail, and it was determined that the agreement met the "better off overall" test, providing overall improvements to the employees’ terms and conditions. The court also found that the agreement did not unfairly disadvantage any party and was in the national system, meaning it complied with the overarching principles of the industrial relations framework. As a result, the court approved the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013.

The final orders of the court were that the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement would now apply to the teachers at the Melbourne campuses of Study Group Australia, providing a framework for their employment terms and conditions. The Australian Education Union’s objections were dismissed, and the agreement was registered, effective from the date of the court’s decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established