DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Study Group Australia Pty Ltd
(AG2014/10455)

TAYLORS ENGLISH LANGUAGE PROGRAM (WATERLOO) ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 18 FEBRUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Taylors English Language Program (Waterloo) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Study Group Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Study Group Australia Pty Ltd . In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Study Group Australia Pty Ltd applied to the Fair Work Commission for the approval of the Taylors English Language Program (Waterloo) Enterprise Agreement 2015. The applicant sought approval of the enterprise agreement as a low-paid agreement under section 232 of the Fair Work Act 2009. The Fair Work Commission was required to consider whether the agreement met the requirements of section 231 of the Act, and whether it was in the public interest to approve the agreement. The Commission noted that the agreement was entered into after good faith bargaining and covered employees who were low-paid and low-skilled. The Commission also noted that the agreement provided for a wage increase and improvements to the employees' working conditions. The Commission concluded that the agreement met the requirements of the Act and was in the public interest. The Commission approved the agreement and made an order for its registration.

The Fair Work Commission approved the Taylors English Language Program (Waterloo) Enterprise Agreement 2015 as a low-paid agreement. The Commission found that the agreement was the product of good faith bargaining and that it met the requirements of section 231 of the Fair Work Act 2009. The Commission also found that the agreement was in the public interest because it provided for a wage increase and improvements to the employees' working conditions. The Commission noted that the employees covered by the agreement were low-paid and low-skilled, and that the agreement provided for a modest increase in their wages and conditions. The Commission was satisfied that the agreement was fair and reasonable, and that it would not have an adverse effect on the employees or the community. The Commission made an order for the registration of the agreement.

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