DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government Education and Training Directorate
(AG2015/4516)

ACT PUBLIC SECTOR EDUCATION AND TRAINING DIRECTORATE (TEACHING STAFF) ENTERPRISE AGREEMENT 2014-2018

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the ACT Public Sector Education and Training Directorate (Teaching Staff) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Education and Training Directorate (Teaching Staff) Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACT Government Education and Training Directorate. 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.

[3] The Australian Education Union 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 is approved and, in accordance with s.54 of the Act, will operate from 18 September 2015. The nominal expiry date of the Agreement is 30 September 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The ACT Government Education and Training Directorate case involved the approval of the ACT Public Sector Education and Training Directorate (Teaching Staff) Enterprise Agreement 2014-2018. This decision was brought before the Fair Work Commission, which was tasked with ensuring that the agreement complied with the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement met the criteria for approval under section 235 of the Fair Work Act. Specifically, the court had to determine if the agreement complied with the "better-off-overall test," which requires that the terms and conditions of employment under the agreement must not be less favourable than those provided for in the relevant award or safety net award. Additionally, the court needed to assess whether the agreement contained the necessary good faith bargaining provisions and if it included the required minimum terms and conditions.

In its decision, the Fair Work Commission thoroughly examined the agreement and concluded that it met the statutory requirements for approval. The commission found that the agreement was consistent with the better-off-overall test, as it did not disadvantage employees compared to their existing terms and conditions. Furthermore, the commission determined that the agreement contained the necessary good faith bargaining provisions and met the minimum terms and conditions outlined in the Fair Work Act.

The Fair Work Commission approved the ACT Public Sector Education and Training Directorate (Teaching Staff) Enterprise Agreement 2014-2018, subject to certain conditions. The agreement was deemed to be compliant with the Fair Work Act, and the commission found that it provided for fair and reasonable terms and conditions of employment for the teaching staff within the ACT Government Education and Training Directorate.

ACT Government Education and Training Directorate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established