DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney College of English (Pty) Ltd T/A Sydney College of English
(AG2019/2289)

SYDNEY COLLEGE OF ENGLISH PTY LTD (TEACHERS) AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 8 AUGUST 2019

Application for approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sydney College of English Pty Ltd (Teachers) Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Sydney College of English (Pty) Ltd T/A Sydney College of English (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] 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 15 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2019 was heard in the Fair Work Commission. The applicant, Sydney College of English (Pty) Ltd trading as Sydney College of English, sought the approval of a new enterprise agreement, which was to govern the employment terms of its teachers. The respondent, the Australian Education Union (AEU), represented the teachers and raised concerns regarding several aspects of the proposed agreement.

The legal issues before the Commission involved whether the proposed agreement complied with the relevant statutory requirements, including fairness, public interest considerations, and the need for the agreement to be genuinely negotiated. The Commission needed to determine whether the agreement met the criteria set out in the Fair Work Act 2009, specifically sections 228 and 230, which pertain to the approval of enterprise agreements.

The Commission carefully examined the proposed agreement and the submissions made by both parties. It considered the nature of the agreement, the bargaining process, and the terms and conditions contained within the agreement. The Commission also took into account the need to protect the interests of the teachers, who were represented by the AEU. After thorough consideration, the Commission was satisfied that the proposed agreement complied with the statutory requirements and was fair and reasonable. Consequently, the application for approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2019 was granted.

The Commission approved the Sydney College of English Pty Ltd (Teachers) Agreement 2019, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms of the teachers employed by the college, subject to the provisions and conditions outlined in the approved agreement.

Sydney College of English (Pty) Ltd T/A Sydney College of English

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established