Universal Education Centre Pty Ltd

[2013] FWCA 8072

FAIR WORK COMMISSION

DECISION

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

Universal Education Centre Pty Ltd
(AG2013/8599)

UNIVERSAL EDUCATION CENTRE PTY LTD (TEACHERS) AGREEMENT 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 24 OCTOBER 2013

Application for approval of the Universal Education Centre Pty Ltd (Teachers) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Universal Education Centre Pty Ltd (Teachers) Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Universal Education Centre Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I construe clause 8(a) of the Agreement as complying with the requirement in s.185(6)(b) of the Act that a dispute settlement procedure must allow for representation of employees covered by the Agreement for the purposes of that procedure.

[3] The Independent Education Union of Australia (NSW/ACT Branch) 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Universal Education Centre Pty Ltd, the applicant sought approval for the Universal Education Centre Pty Ltd (Teachers) Agreement 2013. The application was made under section 187 of the Fair Work Act 2009, aiming to have the agreement approved as a registered agreement, thus making it binding on the parties involved. The Federal Court was tasked with examining the application and determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the court was whether the agreement contained all the necessary terms required by section 228 of the Fair Work Act 2009 and whether it was made in accordance with the provisions of Part 3-2 of the Act. The court had to consider the content and form of the agreement, ensuring that it complied with the statutory requirements and that the process leading to its creation was fair and lawful. Additionally, the court assessed whether the agreement was likely to provide better off, fairly and equitably, for the employees it covered.

The court found that the agreement was appropriately drafted and contained all the required terms. It concluded that the agreement was made in compliance with the legislative framework, and the process leading to its creation was fair. The court also determined that the agreement was likely to provide better outcomes for the employees involved. As such, the court approved the agreement as a registered agreement, effective from the date specified in the application. The final orders included the approval of the Universal Education Centre Pty Ltd (Teachers) Agreement 2013 and its registration under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established