DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universal Education Centre Pty Ltd T/A ELS Universal Education Centre
(AG2016/7602)

UNIVERSAL EDUCATION CENTRE PTY LTD (TEACHERS) AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 13 FEBRUARY 2017

Application for approval of the Universal Education Centre Pty Ltd (Teachers) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Universal Education Centre 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 Universal Education Centre Pty Ltd T/A Universal Education Centre. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 13 February 2017 and, in accordance with s.54, will operate from 20 February 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Universal Education Centre Pty Ltd, trading as ELS Universal Education Centre, which sought approval of the Universal Education Centre Pty Ltd (Teachers) Agreement 2016. The application for approval was contested by the Australian Education Union (AEU), which argued that the agreement was not in the best interests of the employees and did not meet the requirements under the Fair Work Act 2009. The legal issues before the FWC were whether the agreement was a good faith bargain, whether it met the requirements for good faith and whether it was in the best interests of the employees.

The FWC examined the negotiation process and found that the agreement was the result of good faith bargaining, as there was no evidence of coercion, duress or undue influence. The FWC also found that the agreement met the requirements for good faith, as it provided for a comprehensive and detailed agreement that covered all the relevant terms and conditions of employment. The FWC further found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome that took into account the needs and interests of both parties. The FWC approved the agreement and made an order accordingly.

The FWC emphasised the importance of good faith bargaining and the need for parties to reach a fair and reasonable agreement that meets the requirements under the Fair Work Act. The FWC also noted that the agreement was a compromise between the parties and that it was not perfect, but it was the best outcome that could be achieved in the circumstances. The FWC also noted that the agreement provided for a number of benefits for the employees, such as increased pay rates, improved working conditions and better job security. The FWC concluded that the agreement was in the best interests of the employees and that it should be approved.

Universal Education Centre Pty Ltd T/A ELS Universal Education Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established