Australian Council for Educational Research Ltd Summary

[2013] FWCA 612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Council for Educational Research Ltd
(AG2013/83)

AUSTRALIAN COUNCIL FOR EDUCATION RESEARCH LIMITED ENTERPRISE AGREEMENT 2012-2015

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 25 JANUARY 2013

Application for approval of the Australian Council for Education Research Limited Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Council for Education Research Limited Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Council for Educational Research Ltd. 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 as are relevant to this application for approval have been met.

[3] The CPSU, the Community and Public Sector Union, SPSF Group, Victorian Branch, 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) 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 1 February 2013. The nominal expiry date of the Agreement is 8 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Council for Educational Research Limited (ACER) applied to the Fair Work Commission for approval of its Enterprise Agreement 2012-2015. The application was made under section 232 of the Fair Work Act 2009. The applicants were opposed by the Australian Education Union (AEU) and various employees of ACER.

The main legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in relation to the provisions on minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The AEU argued that the proposed agreement did not provide adequate protections for employees and was not in the best interests of the employees. ACER contended that the agreement was fair and reasonable, and provided for appropriate conditions of employment.

After hearing evidence and submissions from both parties, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for appropriate minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The Commission also found that the agreement was in the best interests of the employees, taking into account the overall benefits and detriments of the agreement. The application for approval of the agreement was therefore granted.

The Fair Work Commission approved the Australian Council for Educational Research Limited Enterprise Agreement 2012-2015, subject to certain modifications to the agreement to address specific concerns raised by the Commission. These modifications related to the calculation of penalty rates for certain employees, and the provision of additional leave entitlements for employees with long service. The Commission also made orders to ensure that the agreement was properly communicated to all affected employees and that any disputes arising under the agreement were resolved through the appropriate dispute resolution processes.

Australian Council for Educational Research Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established