DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMES Australia
(AG2015/7231)

AMES AUSTRALIA (AMES) TEACHERS’ ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2016

Application for approval of the AMES Australia (AMES) Teachers’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMES Australia (AMES) Teachers’ Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMES Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will operate from 10 March 2016. The nominal expiry date of the Agreement is 8 May 2018

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, AMES Australia, sought approval of the AMES Teachers’ Enterprise Agreement 2015. The application was opposed by the respondent, who raised concerns about the adequacy of the provisions within the agreement. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issue was whether the agreement, which had been negotiated in good faith, provided for a fair and efficient workplace. The Commission had to examine the fairness and efficiency of the agreement's provisions, including those related to wages, conditions, dispute resolution, and flexibility.

The Commission considered the negotiation process and the content of the agreement. It assessed whether the agreement was negotiated in good faith, whether it promoted a fair and efficient workplace, and whether it complied with the statutory requirements for enterprise agreements. The Commission examined the specific provisions that the respondent found problematic, focusing on their fairness and efficiency. After considering the evidence and submissions, the Commission concluded that the agreement met the statutory requirements and was fair and efficient. The Commission found that the negotiation process was conducted in good faith and that the agreement provided for a fair and efficient workplace. The Commission approved the agreement, noting that it would serve as a benchmark for future negotiations.

The Fair Work Commission approved the AMES Teachers’ Enterprise Agreement 2015, finding it to be fair and efficient. The Commission held that the agreement met the statutory requirements for enterprise agreements and was negotiated in good faith. The Commission's decision affirmed the importance of good faith negotiations and the role of enterprise agreements in promoting fair and efficient workplaces. The approval of the agreement sets a benchmark for future negotiations between AMES Australia and its employees.

AMES Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established