WELS (Australia) Pty Ltd T/A Kaplan International English Sydney Manly

[2014] FWCA 1762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WELS (Australia) Pty Ltd T/A Kaplan International English Sydney Manly
(AG2014/3797)

KAPLAN INTERNATIONAL ENGLISH SYDNEY MANLY (TEACHERS) AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 14 MARCH 2014

Application for approval of the Kaplan International English Sydney Manly (Teachers) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kaplan International English Sydney Manly (Teachers) Agreement 2014 (“the Agreement”). The application has been made by WELS (Australia) Pty Ltd T/A Kaplan International English Sydney Manly (“the applicant”) 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. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Independent Education Union of Australia concurs with the content of the undertakings and 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 1 September 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved WELS (Australia) Pty Ltd, trading as Kaplan International English Sydney Manly, and its teachers, represented by the Australian Education Union. The dispute centred on the application for approval of the Kaplan International English Sydney Manly (Teachers) Agreement 2014. The application was made under the Fair Work Act 2009, seeking to have the agreement recognised as a modern award to facilitate the resolution of workplace disputes. The Commission was tasked with determining whether the agreement complied with the legislative requirements and whether it met the criteria for approval as a modern award.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedures set out in the Fair Work Act, whether it met the minimum standards of pay and conditions, and whether it had been made without the influence of undue pressure or coercion. The Commission also needed to consider the fairness of the agreement in the context of the bargaining positions of the parties and the overall benefits it provided to the employees. The Commission examined the processes followed in the negotiation of the agreement and the content of the agreement itself to ensure it aligned with the objectives of the Fair Work Act.

The Fair Work Commission concluded that the agreement was made in accordance with the procedural requirements of the Fair Work Act. The Commission found that the agreement contained provisions that met or exceeded the minimum standards set out in the relevant modern award. The Commission also determined that the agreement had been made without undue pressure or coercion and that it was fair and reasonable in all the circumstances. The Commission approved the Kaplan International English Sydney Manly (Teachers) Agreement 2014 as a modern award, effective from the date of the decision. The approval of the agreement provides a framework for resolving workplace disputes and ensures that the teachers receive fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established