DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Council for Educational Research Limited T/A Australian Council for Educational Research
(AG2016/1744)

AUSTRALIAN COUNCIL FOR EDUCATIONAL RESEARCH LIMITED ENTERPRISE AGREEMENT 2015-2019

Educational services
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Australian Council for Educational Research Limited Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Council for Educational Research Limited Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Council for Educational Research Limited T/A Australian Council for Educational Research. 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, 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] The Agreement contained errors at Schedule 1 and Schedule 2 clause 11 in relation to the calculation of the casual loading. Pursuant to Section 586(a) of the Act, the errors are corrected in the published Agreement.

[5] The CPSU, the Community and Public Sector 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 8 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Council for Educational Research Limited (ACER) applied for the approval of the Australian Council for Educational Research Limited Enterprise Agreement 2015-2019 before the Fair Work Commission (FWC). The dispute centred on the terms and conditions of employment for ACER employees, as set out in the proposed enterprise agreement. The FWC was tasked with determining whether the agreement was in the best interests of the employees and the overall industrial relations system.

The key legal issues that the FWC had to address included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding the process of agreement approval and the standards of good faith bargaining. The FWC also needed to consider whether the agreement provided for a fair and equitable outcome for the employees and whether it complied with the principles of the National Employment Standards (NES).

In reaching its decision, the FWC examined the evidence presented by both ACER and the employees' representatives, focusing on the process of negotiation, the content of the agreement, and the compliance with relevant legislation. The FWC determined that the agreement met the necessary criteria and was in the best interests of the employees, given the provisions for wage increases, allowances, and other employment benefits. The FWC also found that the agreement did not contravene any provisions of the Fair Work Act 2009, and that it complied with the principles of good faith bargaining.

As a result, the FWC approved the Australian Council for Educational Research Limited Enterprise Agreement 2015-2019, making it a legally binding instrument between ACER and its employees. This decision ensured that the employees would benefit from the agreed-upon terms and conditions, while also maintaining a fair and balanced industrial relations environment.

Australian Council for Educational Research Limited T/A Australian Council for Educational Research

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established