Uts College Limited T/A Uts College

[2024] FWCA 3090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Uts College Limited T/A Uts College

(AG2024/2862)

UTS COLLEGE ENGLISH LANGUAGE TEACHER ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 23 AUGUST 2024

Application for approval of the UTS College English Language Teacher Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the UTS College English Language Teacher Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uts College Limited T/A Uts College. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Post-Secondary Education) Award 2020 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2024. The nominal expiry date of the Agreement is 1 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Uts College Limited, trading as UTS College, who applied for the approval of the UTS College English Language Teacher Enterprise Agreement. The application was heard by the Fair Work Commission. The dispute centres around whether the proposed enterprise agreement meets the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provides for the payment of minimum rates of pay, entitlements and conditions, and whether it complies with the Fair Work Act's good faith bargaining provisions.

The Fair Work Commission examined the proposed agreement to ensure it fulfilled the statutory obligations under the Fair Work Act. It considered whether the agreement adequately covered the minimum rates of pay and entitlements for English language teachers, and if it reflected the outcomes of good faith bargaining between the parties. The Commission also assessed whether the agreement provided for fair and reasonable terms and conditions of employment. The court determined that the agreement was fair and met all statutory requirements, thus approving the UTS College English Language Teacher Enterprise Agreement.

The Fair Work Commission concluded that the proposed agreement was fair and met all the legal criteria for approval. It found that the agreement provided for the necessary minimum rates of pay, entitlements, and conditions for the employees, and that it was the outcome of genuine bargaining efforts. The Commission highlighted the agreement's compliance with the Fair Work Act and the inclusion of appropriate safeguards for the employees. As a result, the application for approval was successful.

The Fair Work Commission approved the UTS College English Language Teacher Enterprise Agreement, effective from the date of the decision. The approval signifies that the agreement is now legally binding on the parties and will govern the terms and conditions of employment for the English language teachers at UTS College.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established