DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd
(AG2015/6939)

EMBASSY ENGLISH (MELBOURNE TEACHERS) ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2016

Application for approval of the Embassy English (Melbourne Teachers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Embassy English (Melbourne Teachers) Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 14 January 2016 and, in accordance with s.54, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Study Group Australia Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Embassy English (Melbourne Teachers) Enterprise Agreement 2015. The applicant, Study Group Australia, sought the approval of the agreement which governs the terms and conditions of employment for teachers at the Embassy English language school in Melbourne. The application was made under the Fair Work Act 2009, which mandates that certain enterprise agreements be approved by the Commission to ensure they meet specific criteria such as being free from unlawful content, promoting high standards of employment, and providing fair and efficient dispute resolution mechanisms.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval. Specifically, the Commission had to consider whether the agreement was genuinely an enterprise agreement, whether it contained unlawful content, and whether it satisfied the high-bar standards of public interest, including fairness and efficiency in dispute resolution. Additionally, the Commission examined whether the agreement provided for adequate protections and entitlements for employees, particularly in light of the specific educational and professional context of the teachers' work at Embassy English.

In deliberating on the application, the Commission undertook a detailed analysis of the agreement's provisions. It found that the agreement was genuinely an enterprise agreement, as it was negotiated between the employer and a certified independent union, covering a defined group of employees. The Commission determined that the agreement did not contain any unlawful content and met the public interest standards, including provisions for fair and efficient dispute resolution mechanisms. Furthermore, the agreement was deemed to provide for adequate protections and entitlements for the teachers, ensuring compliance with the statutory requirements for approval. Consequently, the Commission approved the Embassy English (Melbourne Teachers) Enterprise Agreement 2015.

The final orders of the Commission included the approval of the agreement, which will now govern the employment terms for the teachers at Embassy English in Melbourne. The Commission's decision ensures that the agreement is legally compliant and provides a fair and efficient framework for resolving any future employment disputes between the employer and the teachers.

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