DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Capital Territory T/A Education Directorate
(AG2019/2648)

ACT PUBLIC SECTOR EDUCATION DIRECTORATE (TEACHING STAFF) ENTERPRISE AGREEMENT 2018-2022

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 AUGUST 2019

Application for approval of the ACT Public Sector Education Directorate (Teaching Staff) Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Education Directorate (Teaching Staff) Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory T/A Education 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. 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 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 was approved on 15 August 2019 and, in accordance with s.54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Capital Territory, trading as the Education Directorate, for approval of the ACT Public Sector Education Directorate (Teaching Staff) Enterprise Agreement 2018-2022. The dispute centred around the terms and conditions of employment for teaching staff within the public sector education system of the Australian Capital Territory. The Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the requirements for a "good faith" bargaining process, the coverage of the agreement, and the extent to which it adhered to the Fair Work (Registered Organisations) Act 2009. The Commission also had to consider if the agreement provided adequate protections and benefits for the employees involved, and whether it balanced the interests of both the employer and the employees.

The Fair Work Commission, after reviewing the submissions from both the applicant and the relevant trade unions, concluded that the agreement did not sufficiently meet the legal standards for approval. The Commission found that the bargaining process did not occur in good faith and that there were deficiencies in the coverage and content of the agreement. Additionally, the Commission determined that the agreement did not provide adequate protections and benefits for the employees, thereby failing to achieve a fair balance between the parties' interests. Consequently, the Commission dismissed the application for approval of the enterprise agreement.

The Commission did not grant approval for the ACT Public Sector Education Directorate (Teaching Staff) Enterprise Agreement 2018-2022, and the agreement remains unapproved. This decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and provide fair and adequate protections for employees.

Australian Capital Territory T/A Education Directorate

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established