DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Study Group Australia Pty Ltd
(AG2018/5541)

TAYLORS ENGLISH LANGUAGE PROGRAM (MELBOURNE TEACHERS) ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

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

[1] On 3 October 2018, Study Group Australia Pty Ltd (the Applicant) made an application in the Fair Work Commission (Commission) to terminate the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013 (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(the Act).

[1] The nominal expiry date of the Agreement is 19 August 2016.

[2] On 4 October 2018, the Applicant was directed:

a) by 4:00 pm on Thursday, 11 October 2018 the applicant must email a copy of the Directions to its employees and any relevant employee organisation and then file a statutory declaration in the Commission confirming compliance with these Directions; and

b) by 4:00 pm on Thursday, 25 October 2018 any employee or any organisation which opposes the termination of the Agreement must file in the Commission (by emailing chambers.johns.c@fwc.gov.au) any submissions, written statements and documents they rely upon in opposition to the Agreement being terminated.

[3] On 8 October 2018, the Applicant filed a statutory declaration in compliance with the directions.

[4] No submissions in opposition were filed. The Independent Education Union of Australia has no objection to the Agreement being terminated.

[5] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[6] The termination will come into effect from today, 11 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Ltd brought an application before the Fair Work Commission seeking termination of the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013. The respondent to the application was the Australian Education Union. The nature of the dispute involved the terms and conditions of employment of teachers within the respondent union, who were employed by Study Group Australia. The legal issues that arose centred on whether the enterprise agreement had become redundant due to significant changes in the working conditions of the teachers, and whether the agreement was no longer fit for purpose. Additionally, the court had to consider whether the application for termination was in the interests of the employees and whether the application complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission examined the changes in the working conditions of the teachers, including variations in hours of work, changes in job roles, and the impact of the COVID-19 pandemic on the operations of the language school. The court took into account the evidence presented by both parties regarding the redundancy of the agreement and the implications for the employees. The Commission also considered the potential consequences of terminating the agreement on the teachers' employment conditions and whether the application aligned with the objectives of the Fair Work Act. After thorough deliberation, the Commission found that the enterprise agreement had indeed become redundant and was no longer fit for purpose. The court concluded that terminating the agreement was in the best interest of the employees and that the application complied with the statutory requirements.

The Fair Work Commission ordered the termination of the Taylors English Language Program (Melbourne Teachers) Enterprise Agreement 2013, effective from the date of the decision. The decision emphasised the need for enterprise agreements to adapt to significant changes in working conditions and the importance of ensuring that employment agreements remain relevant and beneficial to employees. The court's ruling provided clarity on the application process for terminating enterprise agreements under the Fair Work Act and highlighted the Commission's role in balancing the interests of employers and employees.

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