DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Study Group Australia Pty Ltd T/A Study Group Australia
(AG2017/3569)

EMBASSY ENGLISH SYDNEY CAMPUS ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Embassy English Sydney Campus Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Embassy English Sydney Campus Enterprise Agreement 2017 (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 T/A Study Group Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Study Group Australia Pty Ltd, trading as Study Group Australia, sought approval for the Embassy English Sydney Campus Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The primary dispute centred around the provisions of the proposed agreement and whether they complied with the relevant legislative requirements under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and application of the statutory provisions concerning enterprise agreements, including the necessity for the agreement to provide for minimum wages and conditions, to be free from prohibited content, and to be genuinely agreed upon by the parties. Additionally, the Commission had to consider the fairness of the proposed agreement in terms of its impact on employees and whether it met the standards of procedural fairness.

The Commission found that the proposed agreement largely complied with the statutory requirements. It was noted that the agreement provided for minimum wages and conditions and did not include any prohibited content. The Commission also concluded that the agreement was genuinely negotiated and agreed upon by the parties. Furthermore, the fairness of the agreement was deemed acceptable as it provided for a reasonable balance of rights and obligations between the employer and the employees. Consequently, the Commission approved the Embassy English Sydney Campus Enterprise Agreement 2017.

No further orders were made by the Commission beyond the approval of the agreement.

Study Group Australia Pty Ltd T/A Study Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established