Study Group Australia Pty Ltd

[2018] FWCA 6737

[2018] FWCA 6737

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Study Group Australia Pty Ltd

(AG2018/5141)

Taylors English Language Program (TELP) Perth Teachers Enterprise Agreement 2014

Educational services
Commissioner Johns	SYDNEY, 1 November 2018

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

1. On 13 September 2018, Study Group Australia Pty Ltd (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Taylors English Language Program (TELP) Perth Teachers Enterprise Agreement 2014 (Agreement) under s.225 of the Fair Work Act 2009 (Cth) (Act).

1. The nominal expiry date of the Agreement is 31 August 2016.

1. On 14 September 2018, the Applicant was directed:

a)by 4:00 pm on Friday, 21 September 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 Friday, 5 October 2018 any employee or any organisation which opposes the termination of the Agreement must file in the Commission any submissions, written statements

1. On 17 September 2018, the Independent Education Union of Australia, WA Branch filed a Form F24C – Statutory declaration in relation to termination of an enterprise agreement after the nominal expiry date in support of the application.

1. On 18 September 2018 the Applicant filed a statutory declaration in compliance with the directions.

1. 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.

1. The termination will come into effect from today.

COMMISSIONER

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