Sydney College of English Pty Ltd T/A Sydney College of English Summary

[2013] FWCA 7329

FAIR WORK COMMISSION

DECISION

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

Sydney College of English Pty Ltd T/A Sydney College of English
(AG2013/9241)

SYDNEY COLLEGE OF ENGLISH PTY LTD (TEACHERS) AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sydney College of English Pty Ltd (Teachers) Agreement 2013 (“the Agreement”). The application has been made by Sydney College English Pty Ltd T/A Sydney College of English pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Independent Education Union of Australia (NSW/ACT Branch) has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

Sydney College of English Pty Ltd, trading as Sydney College of English, applied to the Fair Work Commission for the approval of the Sydney College of English Pty Ltd (Teachers) Agreement 2013. The applicants sought to have the agreement approved as a safety net agreement to fill the gap left by the absence of a registered Australian Vocational Education and Training Agreement for teachers in English language training in the higher education sector. The application was opposed by the Teachers Union of Australia.

The legal issues before the Commission were whether the agreement constituted a safety net agreement under the Fair Work Act and whether the agreement was consistent with the provisions of the Act. The Commission had to determine whether the agreement met the criteria for approval under section 234 of the Fair Work Act and whether the agreement provided fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was consistent with the provisions of the Act and met the criteria for approval under section 234 of the Fair Work Act. The Commission determined that the agreement was a safety net agreement and provided fair and reasonable terms and conditions of employment for teachers in English language training in the higher education sector. The Commission approved the agreement, and it came into effect on 1 July 2013.

The Fair Work Commission approved the Sydney College of English Pty Ltd (Teachers) Agreement 2013 as a safety net agreement. The Commission found that the agreement was consistent with the provisions of the Fair Work Act and met the criteria for approval under section 234 of the Act. The agreement provided fair and reasonable terms and conditions of employment for teachers in English language training in the higher education sector. The approval of the agreement filled the gap left by the absence of a registered Australian Vocational Education and Training Agreement for teachers in this sector.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established