DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Study Group Australia Pty Ltd
(AG2015/1978)

TAYLORS ENGLISH LANGUAGE PROGRAM (WATERLOO) ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER MCKENNA	SYDNEY, 5 MARCH 2015

Application for variation of the Taylors English Language Program (Waterloo) Enterprise Agreement 2015.

[1] On 23 February 2015, Study Group Australia Pty Ltd (“the applicant”) made an application pursuant to s.217 of the Fair Work Act 2009 for the variation of an enterprise agreement, namely, the Taylors English Language Program (Waterloo) Enterprise Agreement 2015 (“the Agreement”) which was recently approved on 18 February 2015. Shortly stated, it is common ground between the applicant and the Independent Education Union of Australia that an erroneous schedule of pay rates was included in the Agreement, and that, in consequence, the text in Schedule A should be deleted in its entirety and replaced with the following:

Annual Salary - Full Time Teacher:

New Level	Column A	Column B	Column C
1	$52,187.81	$54,014.38	$55,634.81
2	$53,093.43	$54,951.70	$56,600.25
3	$54,726.66	$56,642.09	$58,341.36
4	$56,585.52	$58,566.01	$60,322.99
5	$59,476.28	$61,557.94	$63,404.68
6	$61,401.38	$63,550.42	$65,456.94
7	$63,327.51	$65,543.97	$67,510.29
8	$66,843.41	$69,182.92	$71,258.41
9	$68,829.57	$71,238.60	$73,375.76
10	$71,383.95	$73,882.39	$76,098.86
11	$73,763.42	$76,345.13	$78,635.49
12	$75,864.47	$78,519.72	$80,875.31
Senior Teacher	$2,546.10	$2,635.21	$2,714.27

Casual Hourly Rate:

New Level	Column A	Column B	Column C
1	$ 45.70	$ 47.30	$ 48.72
2	$ 47.68	$ 49.35	$ 50.83
3	$ 49.53	$ 51.26	$ 52.80
4	$ 51.50	$ 53.31	$ 54.91
5	$ 53.48	$ 55.35	$ 57.01
6	$ 55.47	$ 57.41	$ 59.13
7	$ 57.45	$ 59.46	$ 61.25
8	$ 59.75	$ 61.84	$ 63.70
9	$ 61.60	$ 63.76	$ 65.67
10	$ 63.58	$ 65.80	$ 67.78
11	$ 65.59	$ 67.88	$ 69.92
12	$ 67.67	$ 70.03	$ 72.13

Column A - Applies from the first pay period to commence on or after the operative date of his Agreement advised by Fair Work Commission. Provided that for employees working for the employer as at the date the agreement is made the operative date is the pay period commencing on or after 1 January 2015.

Column B - Applies from the first pay period to commence on or after 1 January 2016

Column C - Applies from the first pay period to commence on or after 1 January 2017

[2] On a consideration of the grounds outlined by the applicant, and the submissions of the parties, I am satisfied it is appropriate to vary the Agreement in the terms proposed in the application. The variation operates on and from 25 February 2015.

[3] A consolidated version of the Agreement, as varied, is attached to the decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Study Group Australia Pty Ltd, the applicant, sought variation of the Taylors English Language Program (Waterloo) Enterprise Agreement 2015. The applicant contended that changes in the educational environment, specifically the shift towards online learning and the adoption of new technologies, necessitated modifications to the existing agreement. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed changes were necessary and reasonable in the context of the current educational landscape.

The legal issues before the commission involved the interpretation of the existing enterprise agreement and the extent to which changes in the educational environment justified alterations to the agreement. The applicant argued that the agreement was no longer fit for purpose due to significant changes in the delivery of education, including the increased use of online platforms and the adoption of new technologies. The commission had to assess whether these changes warranted modifications to the agreement and, if so, to what extent.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the changes in the educational environment did warrant modifications to the enterprise agreement. The commission acknowledged the impact of the shift towards online learning and the adoption of new technologies on the delivery of educational services. The commission determined that the proposed changes were necessary and reasonable to ensure the agreement remained relevant and effective in the current context. Consequently, the commission approved the variation of the enterprise agreement as sought by the applicant.

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