DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney College of English Pty Ltd T/A Sydney College of English
(AG2016/6371)

SYDNEY COLLEGE OF ENGLISH PTY LTD (TEACHERS) AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sydney College of English Pty Ltd (Teachers) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney College of English Pty Ltd T/A Sydney College of English. 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, 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 9 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sydney College of English Pty Ltd, trading as Sydney College of English, applied for approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2016. The application was heard in the Fair Work Commission, with the decision made by Deputy President P. D. Lee. The nature of the dispute involved the terms and conditions of employment for teachers within the college.

The central legal issues the court had to decide were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it contained all the mandatory terms required by the Act. Specifically, the court needed to determine if the agreement provided fair and reasonable terms for the employees, including minimum wages and conditions, as well as ensuring it met the requirements for coverage, negotiation, and approval under the Act.

In its reasoning, the court examined the proposed agreement clause by clause, assessing whether it provided for fair and reasonable terms for the employees, including minimum wages and conditions. The court also considered whether the agreement met the requirements for coverage, negotiation, and approval under the Fair Work Act 2009. The court found that the agreement provided for fair and reasonable terms for the employees and complied with the relevant provisions of the Act. Consequently, the application for approval of the agreement was granted.

The final orders of the court included the approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2016, subject to the terms and conditions specified in the decision. The court's approval ensured that the agreement would be applicable as a registered agreement under the Fair Work Act 2009, providing a framework for the employment terms and conditions of teachers within the college.

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