DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd
(AG2018/3097)

TAYLORS COLLEGE ACEDEMIC ENGLISH PROGRAM WATERLOO CAMPUS ENTERPRISE AGREEMENT 2018 - 2020

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 30 OCTOBER 2018

Application for approval of the Taylors College Academic English Program Waterloo Campus Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Taylors College Academic English Program Waterloo Campus Enterprise Agreement 2018-2021 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Independent Education Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Ltd, trading as Taylors College, applied for approval of an Enterprise Agreement covering its employees at the Waterloo campus. The applicants were the employer and the teachers’ union, Australian Education Union NSW. The Federal Court was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues centred around whether the agreement provided for fair and reasonable terms and conditions, including pay rates, leave provisions, and working conditions, and whether it was free from any unlawful content.

The court examined whether the agreement complied with the relevant sections of the Fair Work Act, particularly focusing on whether the agreement provided for terms and conditions that were fair and reasonable. The court also assessed if the agreement contained any unlawful content, such as terms that contravened minimum entitlements or unfairly discriminated against employees. Additionally, the court evaluated whether the agreement was genuinely bargained between the parties and whether it adhered to the procedural requirements set forth in the Act.

After considering the submissions and evidence from both parties, the court determined that the agreement met the statutory requirements. The court found that the agreement provided for fair and reasonable terms and conditions and contained no unlawful content. The agreement was deemed to have been genuinely bargained and complied with the procedural requirements of the Act. Consequently, the court approved the Enterprise Agreement, finding it to be fair and reasonable.

The court's approval of the Enterprise Agreement resulted in its formal registration under the Fair Work Act, which means it will govern the employment terms and conditions of the employees at the Waterloo campus for the specified period. The decision ensures that the agreement provides a fair and reasonable framework for the employer and employees to operate under.

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